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Superintendent  of  Public  Instruction  State  of  Idaho. 


MOSCOW    IDAHO. 


General  School  Laws 


OF  THE 


STATE  OF  IDAHO. 


or  T 


TJlHVEBSr 

--«***1^ 

Compiled  by 

PERMEAL  TRENCH, 

Superintendent  of  Public  Instruction  State  of  Idaho, 


1 699  1 900 


DEMOCRATIC-TIMES'  JOB   ROOM, 
Moscow,    Idaho. 
1899. 


GENERAL  INFORMATION. 


Certificates. 

Life  Diplomas,  State  Certificates,  and  County  Certificates 
are  granted  only  on  examination. 

Applicants  for  Life  Diplomas  are  examined  in  the  follow- 
ing: Political  Economy,  Zoology,  Psychology,  Plane  Geometry. 

Applicants  for  State  Certificates  are  examined  in  the 
following:  Physics,  Literature,  General  History,  Botany,  Paper. 

Applicants  for  County  Certificates  are  examined  in  the 
following:  Arithmetic,  Grammar,  United  States  History,  Civil 
Government,  Geography,  State  Constitution,  Physiology,  Reading, 
School-Law,  Theory  and  Art,  Algebra. 

Application  for  Life  Diploma  and  State  Certificate  is  not 
considered  unless  applicant  holds  a  first-grade  County  Certificate, 
issued  by  a  County  Superintendent  of  this  State. 


State  Board  of  Public  Instruction. 

Permeal  French,  Supt.  of  Public  Instruction. 
M.  Patrie,  Secretary  of   State, 
Samuel  H.  Hays,  Attorney  General, 


University  of  Idaho— Moscow. 


Six  years: 
Albert  Alford, 
F.  N^Gilbert, 

F.  E.  Cornwall, 

Four  years: 
A.  B.  Campbell, 
C.  E.  Harris, 

G.  E.  Robethan, 

Two  Years: 
Josiah  Hickman, 
John  B.  Goode, 
Mrs.  George  A.  Williams, 


REGENTS. 


Boise,  Idaho 
Boise,  Idaho 
Boise,  Idaho 


Lewiston,  Idaho 
Moscow,  Idaho 
Moscow,  Idaho 

Wallace,  Idaho 

Paris,  Idaho 

Pocatello,  Idaho 

Ma  lad,  Idaho 

Rathdrum,  Idaho 

Hailev,  Idaho 


Lewiston  State  Normal  School  —Lewiston. 

TRUSTEES. 

Two  years: 
B.F.Morris,     Lewiston,  Idaho.     C.  W.  Shaft'.     Lewiston.  Idaho 

Four  years: 
J.  P.  Vollmer,  Lewiston,  Idaho.     Geo.  E.  Erb,     Lewiston,  Idaho 

Six  years: 
Jas.  W.  Reid,  Lewiston,  Idaho.     James  W.  Poe,  Lewiston.  Idaho 


Albion  State  Normal  School— Albion. 

TRUSTEES. 

H.   E.   McElroy,   Boise,   Idaho.     J.  E.  Harroun.  Albion,  Idaho 

C.  S.  Mark,-       Albion,   Idaho.     H.  T.  Eames.         Almo,  Idaho 

Chester  Call.    Pocatello.  Idaho. 


Laws  Relating  to  Common  Schools. 


CHAPTER  I.- — STATE  BOAKD  OF  PUBLIC  INSTRUCTION, 

SECTION  1. — Members  and  Officers.  The  Superintendent  of 
Public  Instruction,  the  Secretary  of  State,  and  the  Attorney 
General  shall  constitute  the  State  Board  of  Public  Instruction, 
of  which  the  Superintendent  shall  be  President.  The  Board  shall 
have  power  to  appoint  a  Secretary. 

SEC.  2. — Regular  Meetings.  The  Board  of  Public  Instruc- 
tion shall  meet  at  the  Capitol  on  the  first  Monday  of  June  and 
December  of  each  year  for  the  transaction  of  business  and  at  such 
other  times  as  its  President  shall  direct;  and  shall  have  power  to 
adopt  rules  and  regulations,  not  inconsistent  with  the  laws  of  this 
State,  for  its  own  government. 

SEC.  3. — State  Examinations — Assistants — Compensation. 
The  State  Board  shall  hold  annually,  at  least  two  public  exam- 
inations of  teachers,  at  each  of  which  examinations  one  member 
of  the  Board  shall  preside,  assisted  by  such  person,  or  persons, 
not  to  exceed  two  in  number,  as  the  Board  may  select,  who  shall 
receive  for  such  services  not  to  exceed  five  dollars  per  day,  and 
said  Board  shall  keep  a  full  and  correct  record  of  its  proceedings 
and  a  complete  register  of  all  persons  to  whom  certificates  are 
issued. 

SEC.  4 — State  Certificates  and  State  Diplomas — When 
Granted.  Said  Board  shall  issue  State  Certificates  and  State 
Diplomas  to  those  persons  only,  who  possess  good  moral  character 
and  who  shall  have  passed  a  thorough  examination  in  all  the 
branches  included  in  the  Course  of  Study  prescribed  for  the  pub- 
lic schools  of  the  State,  didactics  and  such  other  branches  as  the 
Board  may  direct.  I'rovided,  That  in  no  case  shall  a  State 
Certificate  be  granted  unless  the  applicant  has  been  successfully 
engaged  in  teaching  for  at  least  three  years  and  can  furnish  the 
Board  satisfactory  evidence  of  his  or  her  ability  to  instruct  and 
properly  manage  any  school  in  the  State.  Such  certificate  shall 
authorize  the  person  to  whom  it  is  issued  to  teach  in  any  public 
school  in  the  State  for  the  term  of  five  years  from  the  date  of  its 
issue,  unless  sooner  revoked  by  the  State  Board  of  Public  In- 
struction. 

SEC.  5. — State  Diploma — Conditions.  In  no  case  shall  a 
State  Diploma  be  granted,  unless  the  applicant  has  been  success- 
fully engaged  in  teaching  for  the  term  of  at  least  five  years,  two  of 
which  shall  have  been  in  the  State  of  Idaho,  and  can  furnish  the 
Board  satisfactory  evidence  of  his  ability  to  instruct  and  properly 
manage  any  public  school  -in  the  State.  Such  diploma  shall 
authorize  the  person  to  whom  it  is  issued  to  teach  in  any  public 
school  of  the  State  during  the  life-time  of  the  holder,  unless  re- 
voked bv  the  State  Board  of  Public  Instruction. 


85430 


4  GENERAL  SCHOOL  LAWS 

SEC.  6. — Recognition  of  Other  State  Diploma*.  The  Boanl 
may  issue  certificates  to  persons  holding  State  Diplomas  or  Stat- 
Certificates  from  other  States  requiring  similar  qualifications. 

SKC.  7.- — Revocation  of  Certificates.  The  State  Board  ot" 
Public  Instruction  shall  have  the  power  to  revoke  any  State  Cer- 
tificate or  State  Diploma,  for  any  cause  or  disqualification,  which. 
would  have  been  sufficient  ground  for  refusing  to  issue  the  s-ame, 
had  the  cause  existed  or  been  known  at  the  time  of  its  issue. 
I'roi'ided.  That  before 'revoking- any  such  certificate  or  diploma 
the  holder  thereof  shall  have  at  least  thirty  days'  notice  to  appear 
before  the  State  Board  and  show  cause  why  such  revocation 
should  not  be  made. 

CHAPTER  II. — STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

SECTION  1. — Official  Qualification,  Before  entering  upon 
the  duties  of  his  office  the  State  Superintendent  of  Public  In- 
struction shall  take  and  subscribe  to  the  oath,  prescribed  by  the 
Constitution,  and  execute  a  bond  in  the  penal  sum  of  two 
thousand  dollars,  payable  to  the  State  of  Idaho,  with  sureties  to 
be  approved  by  the  Governor,  conditioned  upon  the  faithful  per- 
formance of  his  official  duties,  and  the  delivery  to  his  sue." 
of  all  books,  papers,  documents  and  other  property  belonging  to 
the  office.  Said  bond  and  oath  shall  be  deposited  with  tin 
Secretary  of  State. 

SEC.  2. — Office  at  Seat  of  Government — Preservation  <>f 
Records.  He  shall  have  an  office  at  the  Capitol,  where  a  seal 
shall  be  kept  which  shall  be  the  official  seal  of  the  State  Super- 
intendent of  Public  Instruction,  by  wdiich  all  his  official  acts  may 
be  authenticated,  and  all  records,  books,  and  papers  apper- 
taining to  the  business  of  this  office.  He  shall  file  all  papers, 
reports,  and  public  documents  transmitted  to  him  by  the  County 
Superintendents  of  the  several  counties  and  hold  the  same  in 
readiness  to  be  exhibited  to  the  Governor,  or  to  any  Committee  of 
any  House  of  the  Legislature,  or  any  citizen  of  the  State. 

SEC.  3. — Supervision  of  Schools — Course  of  Study.  He  shall 
have  general  supervision  of  all  the  County  Superintendents  and 
of  the  public  schools  of  the  State,  and  shall  prepare  and  prescribe 
a  Course  of  Study  for  use  in  all  such  public  schools. 

SKC.  4. —  Teachers'  Examination.  He  shall  prepare  or 
eause  to  be  prepared  all  examination  questions  to  be  used  by  the 
County  Superintendents  of  the  several  counties  of  the  State  in  the 
examination  of  applicants  for  teachers'  certificates,  and  shall  pre- 
scribe the  rules  and  regulations  for  the  conducting  of  all  svich 
examinations. 

SEC.  5. — Conference  with  County  Superintendents.  He  shall 
meet  the  County  Superintendents  of  each  judicial  district,  or  of 
two  or  more  districts  combined,  at  such  time  and  place  as  he 
shall  appoint,  giving  them  due  notice  of  such  meeting.  The  ob- 
ject of  such  meeting  shall  be  to  accumulate  facts  relative  to 
schools,  to  compare  views,  to  discuss  principles,  to  hear  dis- 


OF  THIS  STATE  OF  IDAHO  5 

cushions  and.  suggestions  appertaining  to  the  examination  and 
qualification  of  teachers,  methods  of  instruction,  institutes  and 
all  other  matters  embraced  in  the  public  school  system. 

SEC.  6. — School  Laws.  He  shall  have  the  law  relating  to 
the  public  schools  printed  in  pamphlet  form  and  shall  supply 
school  officers,  school  libraries  and  State  Librarians  with  one 
copy  each  of  such  pamphlets;  said  printing  to  be  paid  for  on  the 
warrant  of  the  Auditor  out  of  the  General  Fund  on  bills  ap- 
proved by  the  State  Board  of  Examiners. 

SEC.  7. — Biennial  Report.  He  shall  on  or  before  the  first 
day  of  December  in  every  year  preceding  that  in  which  shall  be 
held  a  regular  session  of  the  Legislature,  report  to  the  Governor 
the  condition  of  the  public  schools,  the  amount  of  State  School 
Fund  apportioned  and  sources  from  which  derived,  with  such 
suggestions  and  recommendations  relating  to  the  affairs  of  his 
office  as  he  may  think  proper. 

SEC.  8. —  Visitation  of  Schools.  It  shall  be  his  duty  to  visit 
annually  such  counties  of  the  State  as  most  need  his  personal 
attendance,  and  all  counties  if  practicable,  for  the  purpose  of 
inspecting  the  schools,  awakening  and  guiding  public  sentiment 
in  relation  to  the  practical  interests  of  education.  And  he  shall 
open  such  correspondence  as  may  enable  him  to  obtain  all 
necessary  information  relating  to  the  system  of  public  schools  in 
other  states. 

SKC.  9. —  Traveling  Expenses  and  Incidentals.  He  shall  re- 
ceive out  of  the  State  Treasury  for  actual  traveling  expenses  and 
other  expenses  while  traveling  on  the  business  of  the  department, 
not  exceeding  seven  hundred  and'fifty  dollars  per  annum,  for 
which  he  shall  render  an  itemized  bill  to  the  State  Board  of 
Examiners;  and  all  office  fuel,  furniture,  books,  postage,  stationery 
and  other  contingent  expenses  pertaining  to  his  office,  shall  be 
furnished,  in  the  same  manner  as  those  of  the  other  departments 
of  the  State  government. 

SEC.  10. — Apportionment  of  School  Funds.  The  income  of 
the  State  School  Fund  and  taxes  collected  by  the  State  for  the 
support  of  the  public  schools  which  will  be  received  up  to  the  first 
day  of  January  and  the  first  day  of  July  of  each  year  shall  be 
distributed  semi-annually  during  said  months  respectively  in 
each  year  among  the  several  counties  of  the  State  from  which 
reports  have  been  received  by  the  State  Superintendent  of  Public 
Instruction,  as  provided  in  this  act,  in  proportion  to  the  number 
of  children  of  school  age,  as  shown  by  the  last  school  census  list 
of  each  county,  and  the  Superintendent  of  Public  Instruction 
shall  certify  such  apportionment  to  the  State  Auditor,  and  upon 
such  certificate  the  Auditor  shall  draw  his  warrant  in  favor  of 
the  County  Treasurer  of  each  county,  for  the  amount  due  such 
county.  The  Superintendent  shall  also  certify  to  the  Treasurer 
and  Superintendent  of  each  county  the  amount  apportioned  to 
each  county. 


GENERAL  SCHOOL  LAWS 

CHAPTER  III. — COUNTY  SUPERINTENDENTS. 

An  Act  to  Establish  the  Office  of  County  Superintendent  of  Public  Instruction 
and  Prescribing  the  Duties  of  the  Same. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Idaho: 

SEC.  1. — Election  of  County  Superintendents.  At  the  next 
ensuing  general  election  after  the  passage  of  this  act,  there  shall 
be  elected  in  each  county  in  the  State  oi  Idaho,  a  Superintendent 
of  Public  Instruction,  who  shall  reside  at  the  county  seat  of  the 
county  in  which  he  is  elected,  and  who  shall  hold  his  office  for 
A  term  of  two  years,  from  and  after  his  taking  charge  of  the  same 
and  until  hi&  successor  has-  been  elected  and  qualified. 

SEC.  2. — Official  Qualifications.  Before  entering  upon  the 
duties  of  his  office  the  County  Superintendent  of  Public  Instruc- 
tion shall  take  and  subscribe  the  oath  prescribed  by  law  and 
execute  a  bond,  payable  to  the  State  of  Idaho,  with  two  or  more 
sureties  to  be  approved  by  the  Board  of  County  Commissioners, 
in  the  penal  sum  of  not  less  than  two  thousand  dollars,  conditioned 
upon  the  faithful  performance  of  his  official  duties,  and  the 
delivery  of  all  moneys  and  property  received  by  him  as  such 
Superintendent  to  his  successor  in  office,  which  bond  shall  be  filed 
in  the  office  of  the  County  Recorder;  which  official  bond,  together 
with  his  official  oath,  shall  be  filed  in  the  office  of  the  County 
Recorder  as  aforesaid,  not  later  than  the  second  Monday  in 
January,  next  after  election.  Provided,  That  no  person  shall 
be  eligible  to  the  office  of  County  Superintendent  of  Public 
Instruction  except  a  practical  teacher  of  not  less  than  two  years' 
experience  and  the  holder  of  a  valid  First  Grade  Certificate,  at 
the  time  of  his  election  or  appointment. 

SEC.  3. — Supervision  ailH  Visitation.  The  County  Superin- 
tendent of  Public  Instruction  shall  have  charge  and  oversight  of 
the  public  schools  of  his  county,  and  it  shall  be  his  duty  to  visit 
every  public  school  in  his  county  at  least  once  during  each  term 
and  remain  at  said  public  school  at  least  one-half  day.  At  such 
visits  he  shall  carefully  observe  the  methods  employed  by  the 
teacher  in  giving  instruction  in  the  several  branches  taught;  the 
manner  of  discipline  and  government,  the  classification  of  the 
pupils,  and  the  general  management  of  the  schools,  and  shall  give 
the  schools  such  instruction  and  encouragement  as  he  deems  for 
the  best  interest  of  all  concerned,  and  he  shall  make  such  sug- 
gestions to  the  teacher  in  private  as,  in  his  judgment,  will  render 
the  said  teacher  more  efficient,  and  promote  the  general  educational 
interests  of  the  districts. 

SEC.  4. — Office  <d  the  County  Seat — Distribution  of  Blanks. 
The  County  Commissioners  shall  furnish  the  County  Superin- 
tendent of  Public  Instruction  an  office  at  the  county  seat,  and 
they  shall  furnish  him  with  all  necessary  office  furniture,  includ- 
ing seal  and  blank  books,  stationery,  postage,  expressage,  all 
blanks  necessary  for  his  office,  and  all  blank  books  and  blanks 
necessary  for  the  use  of  the  Trustees  and  teachers  in  the  discharge 
of  their  respective  official  duties  in  his  county.  The  County 


OF  THE  STATE  OF  IDAHO. 

Superintendent  of  Public  Instruction  shall  designate  certain  days 
in  each  month  as  his  office  days,  which  shall  not  he  less  than  five 
in  any  month,  and  upon  these  days  so  designated  hy  him,  he 
shall  keep  his  office  open  from  9  o'clock  A,  M.  until  o'clock  5  P.  M. 

SEC.  5. — Direction  to  Trustees.  He  may,  in  his  discretion, 
require  the  Trustees  in  any  district  to  repair  the  school  buildings 
or  property,  or  to  abate  any  nuisance  in  and  about  the  premises,* 
if  such  repair  or  abatement  can  be  done  for  a  sum  not  to  exceed 
seventy-five  dollars,  J'rovided,  There  is  a  sufficient  amount  of 
money  in  the  treasury  to  the  credit  of  the  district.  He  may  also, 
in  all  cases,  require  the  Trustees  to  provide  suitable  outhouses; 
and  in  case  the  Trustees  fail  to  make  such  provision  within  a 
reasonable  time,  he  may  cause  it  to  be  done  and  draw  an  order 
for  a  warrant,  as  hereinafter  provided,  upon  the  County  Auditor 
for  said  expenses,  who  shall  draw  his  warrant  payable  out  of  any 
money  to  the  credit  of  such  district. 

SEC.  6. — Record  of  Official  Acts.  He  shall  keep  a  complete 
record  of  all  his  official  acts;  preserve  all  blanks,  maps,  charts 
and  apparatus,  sent  him  as  such  officer,  and  file  all  papers,  re- 
ports and  statements  from  teachers  and  school  boards;  keep  a 
record  of  all  teachers  employed  in  his  county,  giving  name  of 
teacher,  number  of  district,  salar}T  per  month,  grade  of  certificate 
and  date  of  Superintendent's  visit.  He  shall  obey  the  legal  in- 
structions of'the  State  Superintendent. 

SEC.  7. — Examinations — Regular — Special — Official  Notice . 
He  shall  hold  one  regular  public  examination  in  each  year  for  the 
purpose  of  examining  all  persons  who  may  offer  themselves  as 
teachers  in  the  public  schools;  said  examination  to  be  held  in 
some  suitable  room  at  the  county  seat,  and  commencing  on  the 
fourth  Thursday  of  August  and  continuing  not  to  exceed  three 
days.  And  for  a  like  purpose  the  said  County  Superintendent 
shall  hold  not  to  ex'ceed  three  special  examinations  at  such  times 
and  places  as  in  his  judgment  the  interests  of  the  schools  and 
teachers  of  the  county  shall  require.  Provided,  That  it  shall  be 
the  duty  of  the  County  Superintendent  to  give  at  least  fifteen 
days'  notice  of  such  regular  and  special  public  examinations  in 
some  newspaper  published  in  the  county. 

SEC.  8. —  Teachers?  Certificates — Qualifications — Signatures 
He  shall  grant  certificates  to  teachers  in  such  form  as  the  State 
Superintendent  of  Public  Instruction  shall  prescribe,  and  to  those 
persons  only  who  shall  have  attained  the  age  of  eighteen  years, 
who  have  attended  the  said  public  examination  and  shall  be  found 
to  possess  good  moral  character,  thorough  scholarship,  and  the 
ability  to  instruct  and  govern  a  school;  but  no  certificate  shall  be 
granted  to  any  person  who  shall  not  pass  a  satisfactory  examin- 
ation in  Orthography,  Reading,  Writing,  Grammar,  Arithmetic, 
Geography,  History  of  the  United  States,  Civil  Government. 
Physiology  and  Hygiene,  with  particular  reference  to  the  effects 
of  Alcoholic  Drinks,  Stimulants  and  Narcotics  upon  the  Human 
System,  Theory  and  Practice  of  Teaching,  State  Constitution,  and 


8  GENERAL  SCHOOL  LAWS 

so  much  of  the  General  School  Laws  as  relates  to  the  duties  and 
responsibilities  of  teaching.  All  certificates  shall  be  signed  by 
the  County  Superintendent,  and  no  person  shall  he  considered  a 
qualified  teacher  within  the  meaning  of  the  School  Law,  who  has 
not  a  certificate  granted  by  the  said  Superintendent  or  other  law- 
ful authority.  Provided,  That  all  examination  questions  shall 
have  been  prepared  as  prescribed  by  law,  furnished  under  seal 
and  opened  before  the  applicants  for  certificates  on  the  day  of 
examination.  Provided,  That  First  Grade  Certificates  shall  be 
granted  to  all  applicants  who  are  otherwise  qualified  according  to 
law,  and  who  shall  have 'passed  all  the  branches  required  in  this 
section,  and  Algebra  an  addition  thereto,  with  a  general  average 
of  not  less  than  ninety  per  cent.,  and  with  a  minimum  of  not  less 
than  seventy-five  per  ce/nt.  in  any  branch,  and  all  applicants 
who  are  otherwise  qualified  according  to  law,  shall  be  granted 
Second  Grade  Certificates  who  shall  have  attained  a  general 
average  of  eighty  per  cent.,  and  a  minimum  in  any  branch  of  not 
less  than  seventy  per  cent.,  and  Third  Grade  Certificates  shall  be 
granted  to  all  applicants  who  are  otherwise  qualified  according  to 
law,  who  shall  have  attained  a  general  average  of  seventy-five 
per  cent.,  and  a  minimum  in  any  branch  of  not  less  than  sixty 
percent.  Provided*  further.  That  each  applicant  for  teacher's 
certificate  under  the  provisions  of  this  act  shall  pay  the  County 
Superintendent  the  sum  of  one  dollar,  the  same  to  be  deposited 
by  him  in  the  county  treasury  to  the  credit  of  the  Institute  Fund, 
to  be  used  in  institute  work  in  addition  to  the  regular  appro- 
priation. 

SEC.  9. —  Teachers'  Certificates — Gmdes.  The  certificates 
issued  by  the  County  Superintendent,  subject  to  the  rules  and 
.regulations  prescribed  by  the  State  Superintendent,  shall  be  of 
three  grades:  (1.)  First  grades,  which  shall  be  valid  in  the 
county  in  which  they  are  issued  for  a  term  of  three  years  from 
the  date  thereof  unless  sooner  revoked,  and  they  shall  be  good  in 
-any  county  in  the  State  for  the  same  period  by  the  holder  thereof 
filing  a  certified  copy  of  the  same  with  the  County  Superin- 
tendent in  the  county  in  which  he  desires  to  teach.  (2.)  Second 
Grade  Certificates,  which  shall  entitle  the  holder  to  teach  in  the 
county  in  and  for  which  they  are  issued,  for  a  term  of  two  years. 
(3.)  Third  grades,  which  shall  be  valid  in  the  county  where  is- 
sued for  a  term  of  one  year. 

SEC.  10. — Revocation  of  Cr,rtifictes.  The  County  Superin- 
tendent of  Public  Instruction  shall  have  power  to  revoke  any 
teacher's  certificate,  other  than  those  granted  by  the  State  Super- 
intendent, for  neglect  of  duty,  for  incompetency  to  instruct  and 
govern  a  school,  for  immorality  or  for  any  cause  or  disqualification 
which  would  have  been  sufficient  ground  for  refusing  to  issue  the 
same  had  the  cause  existed  or  been  known  at  the  time  of  its  issue. 
Provided,  .  That  no  certificate  shall  be  revoked  or  annulled 
without  a  personal  hearing,  unless  the  holder  thereof  shall,  after 
reasonable  notice,  neglect  or  refute  to  appear  before  the  Superin- 
tendent for  that  purpose. 


VKSITY 

OF  THE  STATE  OF  IDAHO. 

SEC.  11. — Record  of  Certificates.  He  shall  keep  a  record  of 
.-all  certificates  granted  or  revoked,  showing  to  whom  issued,  age 
of  grantee,  date  of  issue,  grade  and  duration  of  each  certificate, 
and  if  revoked,  date  and  reason  therefor. 

SEC.  12. — Annual  Report.  He  shall,  on  or  before  the  first 
•day  of  October  in  each  year,  make  and  transmit  an  Annual  Re- 
port to  the  State  Superintendent  for  the  school  year  ending 
August  81st,  next  preceding,  which  report  shall  contain  an 
^abstract  of  all  reports  made  to  him  by  the  District  Clerks  of  the 
several  districts  of  the  county,  together  with  such  statistics,  items 
and  statements,  relative  to  the  schools  of  the  county,  as  may  be 
required  and  prescribed  by  the  State  Superintendent.  Such  re- 
ports shall  be  made  upon  and  conform  to  the  blanks  furnished 
by  the  State  Superintendent  for  that  purpose.  He  shall  inquire 
and  ascertain  whether  the  boundaries  of  the  school  districts  in 
his  county  are  definitely  and  plainly  described  in  the  records  of 
the  Clerk  of  the  Board  of  County  Commissioners,  and  to  keep  in 
his  office  a  full  and  correct  transcript  of  such  boundaries.  In 
ease  the  boundaries  of  districts  are  conflicting  or  incorrectly  de- 
scribed, he  shall  report  such  fact  to  the  Board  of  County 
Commissioners  at  their  regular  meeting  in  July,  and  such  Board 
shall  immediately  take  such  steps  as  are  necessary  to  change. 
harmonize  and  clearly  define  them.  The  County  Superintend- 
ent, if  he  deems  it  necessary  for  the  guidance  of  School  Census 
Marshals,  may  order  the  description  of  the  district  boundaries 
printed  in  pamphlet  form,  to  be  paid  out  of  the  Current  Expense 
Fund  of  the  county. 

SEC.  13. — Appointments — New  Districts — Vacancies.  The 
County  Superintendent  shall  appoint  Trustees  for  all  newly 
organized  school  districts  who  shall  serve  until  the  next  regular 
election,  fill  all  vacancies  that  may  occur  in  the  Board  of  Trustees 
by  reason  of  death,  resignation  or  otherwise,  and  such  appoint- 
ments shall  hold  until  the  next  regular  election. 

SEC.  14. — Necessary  Expenses.  The  County  Superintendent 
shall  be  allowed  all  necessary  expenses  incurred  in  the  examina- 
tion of  teachers,  for  blanks,  books,  stationery,  pens  and  inks,  out 
of  the  Current  Expense  Fund  of  the  county. 

SEC.  15. — Apportionment  of  School  Funds.  The  County 
Superintendent  shall  require  of  the  County  Treasurer  quarterly 
each  year,  a  report  of  the  amount  of  money  on  hand  to  the  credit 
of  the  School  Fund  of  each  county,  not  already  apportioned,  and 
the  County  Treasurer  shall  furnish  such  report  when  so  re- 
quired. The  County  Superintendent  upon  receiving  such  report- 
shall  proceed  to  apportion  the  public  school  moneys,  both  county 
and  State,  reported  by  the  County  Treasurer,  to  be  in  the  county 
treasury,  among  the  several  school  districts  in  the  following  man- 
ner, to-wdt:  One-third  of  the  whole  amount  he  shall  divide 
equally  among  the  several  districts  that  have  complied  with  the 
provisions  of  this  act.  The  remaining  two-thirds  of  said  whole 
amount  he  shall  apportion  per  capita  among  the  several  districts 
in  proportion  to  the  number  of  children  in  each  district  as  shown 


10  GENERAL  SCHOOL  L\WS 

by  the  last  report  of  the  Census  Marshal  of  each  district,  and 
credit  each  district  with  the  amount  to  which  the  apportionment 
entitles.  Provided,  That  each  district  is  entitled  to  one  share 
in  the  apportionment  of  the  first  one-third,  regardless  of  the  num- 
ber of  children  therein.  Immediately  after  such  apportionment 
he  shall  certify  to  the  County  Treasurer  the  amounts  which  are 
to  be  placed  to  the  credit  of  each  district  and  notify  the  Clerk 
of  each  district  of  the  amount  placed  to  •the  credit  of  his  district. 

SEC.  16. — Neglect  of  Duty — Penalty.  If  the  County  Superin- 
tendent fails  to  make  a  full  and  correct  report  to  the  State  Superin- 
tendent of  Public  Instruction  of  all  statements  required  by  law 
to  be  made,  he  forfeits  the  sum  of  one  hundred  dollars  from  any 
moneys  due  him  from  the  county,  and  the  Board  of  County  Com- 
missioners are  hereby  authorized  and  required  to  deduct  there- 
from the  sum  aforesaid  upon  information  from  the  State  Super- 
intendent of  Public  Instruction,  that  such  reports  have  not  been 
made. 

SEC.  17. —  To  Whom  Issue  Certificates.  No  certificate 
shall  be  granted  or  teacher  employed  in  any  of  the  public  schools 
•of  this  State  to  any  person  not  a  citizen  of  the  United  States. 

SEC.  18. — Repealing  Clause.  All  acts  and  parts  of  acts  in 
conflict  with  this  act  are  hereby  repealed. 

SEC.  19. — Snltry  Catnity  Superintendent.  The  County  Su- 
perintendent of  Public  Instruction  shall  receive  a  salary  of  not  less 
than  five  hundred  dollars  ($500)  per  annum,  and  not  to  exceed 
fifteen  hundred  dollars  ($1500)  per  annum. 


CHAPTER  IV.— DISTRICT  TRUSTEES. 

SEC.  1. — Board — How  Composed.  At  the  next  regular  school 
election,  following  the  passage  of  this  act,  there  must  be  elected  a 
Board  of  Trustees  consisting  of  three  in  number,  one  of  whom 
must  hold  office  for  three  years,  one  for  two  years  and  one  for  one 
year,  and  the  ballots  must  designate  the  length  of  time  which 
said  Trustees  are  to  serve.  At  the  second  and  every  subsequent 
school  election  there  must  be  elected  one  Trustee  for  the  term  of 
three  years. 

SEC.  2. — Organization.  Immediately  after  their  election 
they  must  elect  from  their  number  a  Chairman  and  Clerk. 

SEC.  3. — Regular  Meetings.  The  regular  meeting  of  the 
Board  of  Trustees  shall  be  held  on  the  last  Saturday  of  March. 
June,  September  and  December.  The  Board  may,  however,  hold 
other  special  or  adjourned  meetings,  as  they  may  from  time  to 
time  determine, 

SEC.  4.- -Quorum.  Anv  two  of  said  Trustees  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 

Sfia  5. — Employment  and  Di»wi*sal  <\f  Teachers — Cornpen- 
Kation  of  Clerk  and  luitioii  of  Ptip'ds.  It  shall  be  the  duty  of  the 
Trustees  of  each  district  to  employ  teachers,  on  a  written  contract, 
and  to  discharge  the  same,  and  to  fix,  allow  and  order  paid  their 
salaries  and  compensation,  and  the  compensation  of  the  Clerk  of 


OF   rilE  STATE  OF  IDAHO.  11 

the  Board,  and  to  determine  the  rate  of  tuition  of  non-resident 
pupils,  and  they  shall  have  power  to  discharge  any  teacher  for  any 
neglect  of  duty,  or  any  cause  that  in  their  opinion,  renders  the 
service  of  such  teacher  unprofitable  to  the  district,  but  no  teacher 
shall  be  discharged  before  the  end  of  his  term  without  a  reason- 
able hearing. 

SEC.  6. — Charge  of  School  1'roperty.  The  Trustees  shall 
have  charge  of  all  school  property  in  their  district,  and  have 
power  to  receive  in  trust  all  real  estate  or  other  property  conveyed 
to  said  school  district,  and  to  convey  by  deed,  duly  executed  or 
delivered,  all  the  estate  or  interest  of  their  district  in  any  school 
house  or  site  directed  to  be  sold  by  a  vote  of  their  district;  and  all 
conveyance  made  to  said  Board  must  be  made  in  their  corporate 

name:  To  the  Trustees  of  School  District  No ,  County 

,  State  of  Idaho. 

8i-:r.  7. — Power  to  Purchase  Real  Estate,  Etc.  Said  Trustees 
have  further  power  when  directed  by  a  vote  of  their  district,  to  pur- 
chase, receive,  hold  arid  convey  real  and  personal  property  for  school 
purposes,  and  to  hold,  purchase  and  repair  school  houses  and  to 
supply  the  same  with  necessary  furniture  and  to  fix  the  location 
of  school  houses. 

SEC.  8. —  Pecuniary  Interest.  No  Trustee  shall  be  pecuni- 
arily interested  in  any  contract  made  by  the  Board  of  Trustees  of. 
which  he  is  a  member,  and  any  contract  made  in  violation  of  this 
section  is  null  and  void. 

SEC.  9. — Furnish  Necessary  Supplies — Limit  of  Such  Pur- 
chase. The  Trustees  of  the  respective  districts  must  furnish  all 
things,  not  herein  otherwise  provided  for,  necessary  for  the  use 
and  comfort  of  the  schools  in  their  district,  such  as  fuel,  improve- 
ments, maps,  apparatus,  a  library,  and  for  such  purpose  may 
audit  and  allow  accounts  against  the  School  Fund  of  their  dis- 
trict, not  to  exceed  twenty-five  per  cent,  of  the  amount  of  such 
School  Fund  in  any  one  year. 

SEC.  10. — Orders  for  Warrants.  That  the  Trustees  shall 
not  draw  an  order  for  a  warrant  in  excess  of  the  amount  to  the 
credit  of  the  district  at  the  time  the  order  is  given. 

SEC.  11. — Annual  Report.  The  Trustees  of  each  district 
must  make  a  full  report  in  writing^  annually,  on  the  1st  day  of 
September,  to  the  County  Superintendent  of  their  county,  on 
blanks  furnished,  relating  to  all  matters  pertaining  to  schools  as 
may  be  required  of  them  by  the  State  or  County  Superintendent. 

SEC.  12. — Suspension  of  Pupils.  It  is  the  duty  of  the 
Trustees  of  the  respective  districts  an  receiving  a  report  from  any 
teacher  of  the  disorderly  conduct  of  any  pupil,  to  decide  how  said 
insubordinate  pupil  shall  be  punished,  or  whether  he  or  she  be 
dismissed  from  schoof,  and  the  teacher  must  enforce  the  decision 
so  made. 

SEC.  13. — Enumeration  of  Children.  The  Clerk  of  the 
Board  of  Trustees  must,  on  the  first  Monday  of  July  of  each  year, 
proceed  to  enumerate  the  children  of  school  age  in  his  district, 


iL-  UEXERAL  bJllOOL  LAWS 

and  he  must  not  enumerate  any  except  bona  fide  residents  thereof., 
and  the  Board  of  Trustees  must  cause  a  true  and  certified  copy  of 
said  census  to  be  transmitted  to  the  County  Superintendent. 

SEC.  14, — Compensation  for  Enumeration.  For  said  service 
said  Clerk  shall  be  allowed  as  full  compensation  therefor  five 
cents  for  each  child  so  enumerated,  and  the  Chairman  of  the 
Board  of  Trustees  shall  draw  his  order  upon  the  County  Auditor, 
which  must  be  countersigned  by  at  least  one  other  member  of  the 
Board  of  said  district  for  the  amount  so  allowed,  and  it  must  be 
charged  against  and  paid  out  of  the  fund  of  said  county  [district.} 

SEC.  15. — Non  Resident  Pupils.  Trustees  may  determine 
whether  pupils  outside  of  their  district  may  attend  school  in  such 
district,  and  upon  what  terms.  (Laws  1893T  Ctu  5,  Sec.  35.) 
When  it  shall  appear  that  a  pupil  living  in  one  district  cannot 
attend  school  in  his  or  her  own  district  because  of  the  distance 
of  the  school  house  and  for  other  reasons,  then  when  convenient,, 
by  an  agreement  of  the  Trustees  of  the  respective  districts,  he  or 
she  may  attend  a  school  in  an  adjoining  district  and  that  dis- 
trict shall  receive  for  said  pupil's  tuition  from  the  said  pupil's- 
district,  such  an  amount  as  said  pupil  would  be  credited  with  in, 
said  pupil's  own  district. 

CHAPTER  V.— SCHOOL  DISTRICTS. 

SECTION  1.— -Corporation — How  Constituted,  Each  regularly 
organized  school  district  in  this  State  is  hereby  declared  to  be  a 
body  corporate  by  the  name  and  style  of  School  District  Number 

',  in  the  County  of ,  State  of  Idaho;  and  in 

that  name  the  Trustees  may  sue  and  be  sued,  hold  and  convey 
property  for  the  use  and  benefit  of  such  district  and  make  con- 
tracts the  same  as  municipal  corporations  in  this  State. 

SEC.  2. — New  Districts  and  Change  of  Boundaries — When 
Done.  The  Board  of  County  Commissioners  of  several  counties- 
of  the  State  shall  have  power  to  create  new  districts  from  un- 
organized territory  or  from  old  districts,  to  change  the  boundaries 
of  any  district  heretofore  established  or  to  attach  to  one  or  more 
school  districts  the  territory  included  within  the  boundaries  of 
any  district  which  shall  lapse  by  reason  of  the  failure  to  comply 
with  the  provisions  of  this  act:  Provided,  That  no  district  shall 
be  formed  from  any  territory,  or  the  boundaries  of  any  district 
be  changed  at  any  other  time  than  at  the  regular  quarterly  meet- 
ings of  the  board,  nor  at  that  time  unless  a  petition  for  such  new 
district  or  the  change  of  boundaries  is  filed  in  the  olfice  of  County 
Superintendent  on  or  before  the  fifteenth  day  of  the  month 
preceding. 

SEC.  3. — Petition — Contents  Of.  If  such  petition  is  for  a 
new  district  it  must  set  forth  the  boundaries  of  the  new  district 
asked  for  and  must  be  signed  by  the  parents  or  guardians  of  at 
least  ten  children  of  school  age  who  are  residents  of  the  proposed 
new  district  ;  and  if  for  a  change  of  boundaries,  such  petition 
must  set  forth  the  change  of  boundaries  desired  and  the  reasons 


OK  THE  STATE  OF  IDAHO.       ^^£*j 

for  the  same,  and  must  be  signed  by  at  least  two-thirds  of  those 
who  are  heads  of  families  and  residents  of  the  territory  embraced 
within  the  limits  of  the  tract  to  be  stricken  off  or  added  to  a 
district. 

SEC.  4. — Petition — Notice  to  Parties — Presentation,  to  Com- 
missioners. It  shall  be  the  duty  of  the  County  Superintendent  up- 
on receipt  of  any  petition,  as  herein  provided  for,  to  immediately 
give  notice  to  all  parties  interested  by  sending  notice  by  registered 
mail  to  each  of  the  Trustees  of  the  district  to  be  affected  by  such 
change  or  changes;  and  cause  printed  notices  to  be  posted  in  at  least 
three  public  places  in  the  districts  so  affected,  one  of  which  shall 
be  on  the  door  of  the  school  house  in  said  district,  for  at  least  one 
week.  Such  notice  must  state  the  change  or  changes  to  be  made 
in  said  district,  that  the  petition  is  on  file  in  the  office  of  the 
County  Superintendent,  and  that  the  same  will  be  presented  to 
the  Board  of  County  Commissioners  at  their  regular  meeting  for 
their  final  action.  The  Superintendent  must  transmit  the  said 
petition  to  the  said  Board  with  his  approval  or  disapproval,  and 
if  he  approve  the  same  he  may  note  such  changes  in  boundaries 
as  in  his  judgment  shall  be  for  the  best  interest  of  all  parties 
concerned. 

SEC.  5. — Petition — County  Commissioners  Must  Act.  The 
Board  of  County  Commissioners  must,  at  their  next  regular 
meeting,  act  upon  the  same.  If  such  petition  be  granted  it  may 
be  in  accordance  with  the  original  prayer,  or  with  such  modifica- 
tions as  they  may  choose  to  make. 

SEC.  6 — -  Union  of  Districts — Division —  When  Allowed — Area. 
Two  or  more  districts  lying  contiguous  may,  upon  a  petition  of 
the  majority  of  the  heads  of  families  residing  in  each  of  said  dis- 
tricts, be  united  to  constitute  one  district:  Provided,  also,  That  no 
district  shall  be  hereafter  divided  for  the  purpose  of  forming  a 
new  district  unless  it  contains  an  area  of  more  than  nine  square 
miles  ;  nor  shall  a  new  district  be  divided,  if  by  so  doing  the  re- 
mainder of  the  district  shall  be  found  to  contain  less  than  fifteen 
persons  of  school  age,  nor  shall  any  incorporated  city  or  town, 
hereafter  be  divided  into  two  or  more  districts. 

SEC.  7. — Joint  Districts— H(>w  Formed.  A  joint  school  district 
may  be  formed  from  territory  belonging  to  two  or  more  contig- 
uous counties.  For  the  purpose  of  organizing  a  joint  district  the 
same  preliminary  steps  must  be  taken,  and  the  same  course  be 
pursued,  as  is  pursued  in  the  organization  of  other  districts,  as 
is  provided  in  Sec.  35*  and  36*  of  this  act.  Such  districts  shall 

be  designated  as  "Joint  District  No..  ..,  of  the  counties  of ;? 

and  be  so  numbered  that  it  shall  have  the  same  number  in  all 
the  counties  from  which  it  was  formed.  The  petition  required 
by  Sec.  35*  shall  be  made  to  each  County  Superintendent  inter- 
ested. 

SEC.  8 — Record  of  Joint  Districts.  The  school  census,  the 
record  of  attendance  at  school,  the  assessing  of  property,  the  col- 

*Section  6.    Chapters.  "Section  4.    Chapters. 


M  .'-.'NEKAL  SCHOOL  LAWS 

lection  of  taxes,  and  all  nets  which  from  their  nature  shall  be 
separately  kept,  shall  be  kept  and  done,  and  the  report  thereof: 
made  as  if  each  portion  of  said  joint  district  were  an  entire  dis- 
trict in  the  respective  counties.  The  teachevof  such  joint  district 
shall  not  be  required  to  hold  a  c<-rtinVate  in  both  counties. 

Si-:t.*-.9. — New  Districts — Entitled  to  Apportionment.  All  new 
districts  formed  of  unorganized  territory  shall  be  entitled  to  their 
just  proportion  of  school  moneys  at- the  next  apportionment  and. 
the  County  Superintendent  shall  place  the  same  to  the  credit  of 
such  district:  Provided,  That  in  no  case  shall  such  district  be 
entitled  to  use  the  same  unless  school  has  actually  been  com- 
menced therein  and  six  months  shall  not  have  elapsed  since  the 
date  of  its  organization. 

Si-:r.  10. — New  Districts — Adjustment  of  Funds  or  Indebted- 
ness. If  any  new  district  is  organized  from  any  part  of  any  other 
organized  district  or  districts,  as  provided  in  this  act,  the  County 
Superintendent,  after  having  ascertained  the  amount  of  money- 
belonging  to  said  old  district  or  districts  and  deducting  said  in- 
debtedness and  liabilities,  must  apportion  to  said  new  district  "its 
due  per  capita  proportion  of  money  or  indebtedness,  as  the  cast- 
ma  y  be,  from  said  districts  from  which  it  may  be  formed. 

SEC.  11. — Joint  District* — Apportionment.  [Laws  1893,  Ch. 
5,  Sec.  39J  And  in  case  of  joint  districts  the  County  Superin- 
tendent must  apportion  to  such  district  such  proportion  of  the 
school  money  to  which  such  district  is  entitled,  as  the  number  of 
school  children  residing  in  that  portion  of  the  district  situated  in 
his  county  bears  to  the  whole  number  of  school  census  children, 
in  the  whole  district. 

SEC.  12 — Dissolution  of  Districts — When — Sale  of  Property 
—Disposal  of  Territory.  If  any  school  district  shall,  for  the  period  of 
one  year,  fail  to  maintain  a  school  for  a  term  of  at  least  three 
consecutive  months  or  keep  up  its  organization  of  officers,  as  re- 
quired by  law,  or  if  there  has  been  an  average  attendance  for 
three  consecutive  months  of  only  five  pupils,  or  less,  such  dis- 
trict shall  lapse,  and  the  moneys  in  the  treasury  of  the  county 
belonging  thereto  shall  be  apportioned  by  the  County  Superin- 
tendent among  the  other  districts  in  the  same  manner  as  other 
school  moneys  are  apportioned.  The  property  of  any  school  dis- 
trict that  shall  lapse  shall  be  sold  by  the  County  Superintendent 
in  such  manner  as  he  shall  deem  best.  The  proceeds  of  such  sale, 
after  the  payment  of  any  indebtedness  of  said  district,  shall  be 
placed  to  the  credit  of  the  General  School  Fund.  The  territory  in- 
cluded within  the  boundaries  of  the  said  district  shall,  by  order 
of  the  Board  of  County  Commissioners,  be  attached  to  one  or 
more  school  districts. 


CHAPTER  VL— SCHOOL  ELECTIONS— SPECIAL  TAX. 

SEC.  1.  The  regular  election  for  electing  members  of  the 
^Board  of  School  Trustees  shall  be  held  annually  in  each  district 
on  the  first  Monday  in  June  at  which  time  it  shall  be  lawful  to 


OF  T  H  E  S  P  A  T  E  OF  1  D.UtO.  IS 

transa-ct  any  business  pertaining  to  schools  and  school  interests. 
The  Clerk  of  said  Hoard  of  Trustees  shall  cause  printed  or  written 
notices  to  be  posted  specifying  the  time  and  place  of  holding'  such 
election  and  the  time  during  which  the  hallot  box  shall  he  kept 
open,  not  less,  however,  than  three  hours,  and  further  specifying 
at  what  hour  other  business  shall  be  transacted.  Said  notice 
shall  be  posted  in  three  public  places  in  the  district,  one  of  which 
shall  be  the  school  house,  if  there  be  one,  at  least  ten  days 
previous  to  such  time  of  election.  If  the  Clerk  fail  to  give  such 
notice,  then  any  two  legal  voters  residing  in  the  district  may  give 
such  notice  over  their  own  names,  and  such  election  may  be  held 
.after  the  day  fixed  in  this  Act.  for  such  election.  All  elections 
shall  be  by  ballot;  the  polls  shall  be  opened  by  one  of  the  Board 
of  Trustees,  or  by  any  qualified  elector  if  no  Trustee  be  present  At 
the  time  specified  in  the  notice.  If  no  time  is  specified  in  tin- 
notice,  then  the_  polls  shall  be  opened  at  one  o'clock  r.  M.  and 
<-IoM'd  at  five  i'.  M.  of  the  same  day.  Said  election  shall  be  con- 
ducted as  any  other  county  election,  except  that  one  Judge 
.and  one  Clerk  may  constitute  a  Board  of  Election,  and  any 
Trustee  may  administer  the  oath  to  the  said  Judge  and  Clerk. 
Said  Judge  and  Clerk  shall  make  return  of  such  election  to  the 
County  Superintendent  immediately,  which  return  shall  be  filed 
in  the  office  of  the  County  Superintendent:  Provided,  further, 
That  it  shall  be  lawful  at  such  annual  meeting  and  election  on 
said  first  Monday  in  June  to  vote  upon  the  question  of  whether 
or  not  any  special  tax  shall  be  levied  for  any  purpose,  such  as 
building  or  repairing  school  houses,  or  for  the  support  of  public- 
schools  in  the  district;  said  meeting  may  first  decide  the  rate  to 
be  levied,  not  to  exceed  ten  mills  on  the  dollar  of  taxable  property, 
then  proceed  to  ballot,  on  which  ballot  shall  be  written  or  printed 
"Tax — Yes"  or  "Tax — No"  and  none  but  actual  resident  free- 
holders or  heads  of  families  of  said  district  are  entitled  to  vote  at 
such  election:  Provided*  That  for  the .  purpose  of  this  Act  both 
husband  and  wife  are  to  be  considered  a  head  of  a  family.  A 
separate  ballot  box  shall  be  used  for  voting  on  any  question  of 
taxation  or  other  business  concerning  schools  and  school  interests, 
from  that  used  in  voting  for  Trustees.  If  a  majority  of  the  votes 
polled  at  such  election  are  in  favor  of  a  tax,  the  Board  of  Trustees 
must  immediately  make  such  levy  and  certify  the  fact,  the  date 
thereof,  and  the  rate  of  tax  levied,  the  year  for  which  levied  and 
the  number  of  the  district,  to  the  Clerk  of  the  Board  of  County 
Commissioners  and  the  County  Assessors,  but  not  more  than  one 
such  special  tax  shall  be  levied  in  any  one  year. 

SEC.  2.  —  Qualified  Voters  —  General  School  Election. 
(Const.  Art.  6,  Sec.  2.)  Except  as  in  this  article  otherwise  pro- 
vided, every  male  citizen  of  the  United  States,  twenty-one  years 
old,  who  has  actually  resided  in  the  state  or  territory  for  six 
months,  and  in  the  county  where  he  offers  to  vote,  thirty  days 
next  preceding  the  day  of  election,  is  a  qualified  elector;  and 
until  otherwise  provided  by  the  legislature,  women  who  have  the 
qualifications  prescribed  in  this  article,  may  continue  to  hold 


16  GENERAL  SCHOOL  LAWS 

such  school  offices  and  vote  at  such  school  elections  as   provided 
by  the  laws  of  Idaho. 

SEC.  3. —  When  and  Hnw  Trustees  Qualify.  Trustees  must 
qualify  within  fifteen  days  after  receiving  notice  of  their  election, 
by  taking  the  official  oath,  which  oath  may  be  administered  by 
either  of  the  other  Trustees  or  the  retiring  Trustee,  and  said  oath 
shall  be  subscribed  and  filed  in  the  office  of  the  County  Super- 
intendent. 


CHAPTER   VII.— SCHOOL  FUNDS. 

SEC.  1. —  Proceeds  of  Land*.  The  Public  School  Fund  of 
the  State  shall  consist  of  the  proceeds  of  such  lands  as  have  here- 
tofore been  granted,  or  may  hereafter  be  granted,  to  the  State 
by  the  general  government  known  as  "School  Lands"  and  those 
granted  in  lieu  of  such.  Lands  acquired  by  gift  or  grant  from 
any  person  or  corporation  under  any  law  or  grant,  and  of  all 
other  grants  of  land  or  money  made  to  the  State  for  general 
educational  purposes,  and  all  moneys  accruing  to  the  State  from 
the  estates  of  deceased  persons. 

SEC.  2. — Funds  Shall  Remain  [miniate  and  Intact  (Const. 
Ch.  9,  Sec.  3.)  The  Public  School  Fund  of  the  State  shall  for- 
ever remain  inviolate  and  intact;  the  interest  thereon  only  shall 
be  expended  in  the  maintenance  of  the  schools  of  the  State,  and 
shall  be  distributed  among  the  several  counties  and  school  dis- 
tricts of  the  State  in  such  manner  as  may  be  prescribed  by  law. 
No  part  of  this  fund,  principal  or  interest,  shall  ever  be  trans- 
ferred to  any  other  fund,  or  used  or  appropriated  except  as  herein 
provided.  The  State  Treasurer  shall  be  the  custodian  of  this 
fund,  and  the  same  shall  be  securely  and  profitably  invested  as 
may  be  by  law  directed.  The  State  shall  supply  all  losses  there- 
of that  may  in  any  manner  occur. 

SEC.  3. — School  Tax  Levy.  For  the  purpose  of  establishing 
and  maintaining  public  schools  in  the  several  counties  of  the 
State,  the  Board  of  County  Commissioners  shall,  at  the  time  of 
levying  the  taxes  for  the  State  and  county  purposes,  levy  a  tax 
of  not  less  than  five  mills  nor  more  than  ten  mills  on  each  dollar 
of  taxable  property,  in  their  respective  counties,  for  school  pur- 
poses. Said  taxes  must  be  assessed  and  collected  in  each  county 
as  other  taxes  for  State  and  county  purposes. 

FREE  SCHOOL  SYSTEM -AMENDING  OE. 

An  Act  to  Amend  Sections  Thirty-one  and  Thirty-three  of  an  Act  Entitled,  "An 
Act  to  Establish  and  Maintain  a  System  of  Eree  Schools." 

SEC.  4. — Free  School  System  —  Amending  Of  —  Duty  of 
Bounty  Treasurer — District  not  Entitled,  to  Apportionment —  Duty 
of  Oon.nty  Auditor — Repeal — Approval.  That  Section  31  of  said 
act  be  amended  to  read  as  follows:  Sec.  31.  It  is  hereby  made  the 
duty  of  the  County  Treasurer  to  keep  a  separate  account  with 
each  school  district  in  the  county  :  to  place  to  the  credit  of  each. 
the  amount  of  money  certified  to  by  the  County  Superintendent, 
as  provided  .in  this  act.  and  to  pay  over  the  money  on  legally 


0 F  T 1 1 E  S  T  A T E  ( J  F  I D  A II 0 .  17 

drawn  warrants  or  orders  of  the  district  officers  entii  draw 

the  same:      /Vor/V^/.     That  ii  the  County  Sup 
notify  the  County  Treasurer  in   writing,   that   then*    has   b 
.failure  on  the  part  of  any  Board  of  Trustee*^  to  comply  with   the 
law,  and  that  said  mone\  s;ia!!  .he  withheld   from  said    Board   of 
Trustees,  he  shall  retain  tl  until   further  notice  fro:n   the 

<Jounty  Superintendent.  All  moneys  that  shall  he  finally  for- 
feited !>y  any  district  shall  i  Fund  of 
the  county,  and  he  apportioned  as  oth  T  in  And  it  shall 
he  the  duty  of  said  Treasurer  to  receive  and  hold  as  special  de- 
all  moneys  belonging  to  the  Puhlie,  S..-honl  Fund  of  his 
county  in  accordance  with  the  provisions  of  this  act,  and  to  pay 
over  only  on  the  warran  ity  Auditor:  Provided, 
tiirt.lie.i-,  That  the  said  County  Treasurer  shall  pay  over  to  the 
Treasure^  or  any  independent  school  district  organized  under  the 
provisions  of  this  act,  all  morn-  ;^'n&  to  such  district 

station  of  an    order   from    the   Clerk    of  the    Board    of 
Trust  ich  district   signed   also    hy  the    Chairman  th 

and  countersigned  Cuuntv  Superintendent  and  County 

Auditor.      (Special  Act  1897,  II.  li.  7:1  Sec.  2.)     That   Sec.   33   of 

act  he  amended  to  read  as  follows:      Sec.  .•>:>.     It  shall  be  the 

duty  of  the  County  Auditor   upon   the  presentation  of  any  order 

from  the  Clerk  of  the  B  >ard  of  Trustees  of  a,ny  school  district  in 

•id  order  also  being  signed  hy  the  Chairman  of  the 

•said  Board  of  Trustees  or  in  his  absence  hy  the  other   member  of 

toard,  i  >  draw  his  warrant  upon  the  School  Fun  I  standing  to 
the  credit  of  said  district  in  favor  of  the  person  mentioned  in  the 
said  order:  Proridr.d,  That  in  case  of  independent  school  dis- 
trict orders,  he  shall  not  draw  his  warrant,  but  countersign  the 
warrant  or  order  of  said  district  officers:  Pi-oeided  further, 
That  the  said  orders  have  been  countersigned  by  the  County 
Superintendent,  but  in  no  case  shall  he  issue  a  warrant,  or 
countersign  an  order  for  a  greater  amount  than  there  is  cash  in 
the  treasury  to  the  credit  of  said  district. 

.  •}.     All  acts  and    parts   of   acts  in   conflict   with   this 
act  are  hereby  repealed. 

SKC.  o.  --Duty  nf  Comity  Superintendent,  It  shall  be  the 
duty  of  the  County  Superintendent  in  each  county  to  keep  a 
separate  account  with  each  school  district  in  his  county;  to  place 
to  tfie  credit  of  each  district  the  amount  apportioned  by  him  as 
provided  for  in  this  act;  to  countersign  all  legally  drawn  warrants 
and  orders  of  the  district  officers  entitled  to  draw7  the  same:  to 
enter  the  same  upon  his  books  in  proper  form,  giving,  date, 
number  of  such-  warrant,  or  order,  to- whom  drawn,  for  what  pur- 
pose, and  the  amount  of  the  same. 

SEC.  (i. —  Crtllectlvn.  nf  Pi'nal  Fi.ncx.  It  shall  be  the  duty  rf 
the  County  Superintendent  to  collect  by  process  of  law  all  penal 
tines  not  paid  over  by  the  Justices  of  the  Peace,  or  other  oilicers 
required  by  law  to  pay  the  same  into  the  county  treasury:  and 
the  same  may  he  collected  and  recovered  by  action  at  law,  in 
which  the  State  of  Idaho,  by  the  County  Superintendent,  is 


18  GENERAL  SCHOOL  LAWS 

plaintiff  and  the  officer  neglecting  or  refusing  to  pa}7  over  said 
moneys  is  defendant. 

SEC.  7. — Special  Tax  Levy — Duty  of  Assessor.  Upon  re- 
ceiving such  statement  from  the  Trustees  of  any  school  district 
the  Assessor  must  assess  upon  all  property  in  the  district  subject 
to  taxation  the  tax  so  levied  and  certified  to  him  as  aforesaid ; 
but  for  that  purpose  he  is  not  required  to  take  new  statements 
from  the  owners  of  property  but  his  assessment  of  all  special 
taxes  so  levied  may  be  computed  and  made  upon  the  valuation 
of  property  as  fixed  by  the  Board  of  Equalization  for  State  and 
county  purposes,  and  as  appears  upon  the  assessment  roll  in  the 
same  year. 

SEC.  8. — Special  Tax  Levy — A  Lien  Upon  the  Property — 
Assessor  Must  Keep  Separate  Lint  and  Get  Separate  Receipts.  Said 
special  taxes  so  levied  as  aforesaid  shall  become  a  lien  upon  the 
property  so  assessed  from  the  date  of  assessment,  and  shall  ]>;• 
due  and  payable  at  the  same  time  as  State  and  county  taxes, 
and  in  all  respects  are  to  be  collected  in  the  same  way,  except 
that  the  Assessor  must  keep  a  separate  list  or  assessment  roll 
thereof,  and  when  paid  must  be  named  in  his  receipt  to  the  tax- 
payer as  a  separate  item,  and  he  must  pay  them  to  the  County 
Treasurer  as  he  pays  other  taxes;  but  at  the  time  of  payment  ho 
must  specify  to  the  Treasurer  what  taxes  they  are.  and  take  a 
separate  receipt  therefor  and  keep  separate  accounts  thereof. 

SEC.  9. — Special  'lax — Compensation  of  Assessor  The 
Assessor  shall  receive  two  per  centum  on  all  such  special  taxes 
so  collected  by  him,  having  first  rendered  his  account  thereto. 
and  the  same  being  allowed  by  the  Board  of  County  Commission- 
ers, and  shall  be  paid  out  of  said  special  tax. 

SEC.  10. — Special  Tax — Provision  for  Blanks — Exemptions 
of  Independent  Districts.  The  Board  of  County  Commissioners 
shall  furnish  the  Assessor  with  such  blanks  as  are  needed  to  com- 
ply with  the  provisions  hereof.  The  provision  of  this  act  for  the 
levy  and  collection  of  taxes  shall  not  apply  to  independent  dis- 
tricts now  established,  which  have  special  laws  for  the  collection 
of  school  taxes. 

SEC.  11. — Investment  of  Funds.  Whenever  there  shall 
have  accumulated  in  the  hands  of  the  Treasurer  of  any  school 
district  in  this  State  moneys  belonging  to  said  school  district  to 
an  amount  in  excess  of  the  amount  which,  in  the  opinion  of  the 
School  District  Board  of  said  district,  shall  be  necessary  for  the 
necessary  current  expenses  of  maintaining  the  schools  in  said 
district,  the  same  shall  be  invested  by  said  Board  in  United 
States  bonds,  State  bonds,  State  warrants  or  county  warrants, 
when  the  market  value  thereof  is  not  below  par.  And  said  Board 
shall  deposit  said  securities  in  some  safe  deposit,  and  they  shall 
there  be  kept  until  it  shall  become  necessary  to  convert  the  same 
into  money  for  school  district  purposes,  to  be  determined  by  said 
Board. 

SEC.   12.     New    License   Fund-  Collection  and  Payment  to 


OF  THE  STATE  OF  IDAHO.  19 

Treasurer  On  the  first  Monday  in  each  month  the  collector 
must  return  to  the  Auditor  all  licenses  unsold  and  be  credited 
therewith,  and  must,  with  the  Auditor,  appear  at  the  Treasurer's 
office  and  pay  into  the  county  treasury  ail  moneys  collected  for 
licenses  sold  during  the  preceding  month,  take  the  Treasurer's 
receipt  therefor  and  file  the  duplicate  thereof  with  the  Auditor. 
The  Auditor  must  credit  the  collector  and  charge  the  Treasurer 
therewith. 

SEC.  13. — Apportionment  of  the  License  Money.  Fifty  per 
cent,  of  all  moneys  paid  for  licenses  shall  be  applied  to  and  con- 
stitute a  part  of  the  School  Fund  of  the  school  district  in  which 
said  licenses  are  collected,  forty  per  cent,  to  the  General  Road 
Fund  of  the  county  in  which  said  licenses  are  collected  and  ten 
per  cent,  shall  be  paid  into  the  State  treasury:  Provided.  That 
forty  per  cent,  of  all  moneys  paid  for  licenses  by  applicants 
within  incorporated  towns,  cities,  and  villages,  or  cities  acting 
under  special  charters  shall  be  paid  by  the  County  Treasurer  to 
the  municipal  authorities  of  such  town,  city,  or  village  for  general 
revenue  purposes  of  such  town,  city,  or  village;  fifty  per  cent,  of 
said  moneys  so  paid  for  licenses  are  to  be  applied  and  constitute 
a  part  of  the  School  Fund  of  the  school  district  in  which  said 
licenses  are  collected,  and  ten  per  cent,  shall  be  paid  into  the 
State  treasury. 

SEC.  14. — Collector's  Report.  The  Collector  shall  file  with 
the  Treasurer  a  statement  or  report  each  quarter  showing  the 
amount  of  licenses  collected  in  each  school  district,  incorporated 
town,  city,  or  village,  or  city  acting  under  special  charter. 


CHAPTER  VIII. — TEACHERS  AND  TEACHERS'  INSTITUTES. 

SECTION  1. — Registers  and  Reports.  Teachers  of  the  public 
schools  must  be  furnished  with  a  school  register  by  the  Trustees 
of  the  district,  for  the  purpose  of  registering  the  names  of  their 
pupils  and  their  daily  attendance  at  school,  and  at  the  close  of 
the  term  said  register  must  be  delivered  to  the  Clerk  of  the  Board 
of  Trustees  of  the  district;  and  the  teacher  must  also  be  fur- 
nished with  a  blank  report  by  said  Trustees,  which  report  said 
teacher  must  fill  up  according  to  the  heading  of  same  and  trans- 
mit it  to  the  County  Superintendent  of  the  county  at  the  close  of 
the  term;  and  no  teacher  shall  be  allowed  an  order  in  excess  of 
ninety  per  cent,  of  his  or  her  salary  until  said  report  is  made  out 
and  transmitted. 

SEC.  2. — General  Duties.  Every  teacher  in  the  public  schools 
may  suspend  for  good  cause  any  pupil  and  report  such  suspension 
to  the  Board  of  Trustees  for  review.  If  the  action  of  the  teacher 
is  sustained  by  the  Board,  the  pupil  may  be  censured  and  re- 
turned to  the  school  or  expelled  from  school  as  in  the  judgment 
of  the  Board  seems  proper,  but  if  not  sustained,  the  teacher  may 
appeal  to  the  County  Superintendent,  whose  decision  shall  be 
final.  Every  teacher  shall  make  reports,  in  addition  to  those  men- 
tioned elsewhere  in  said  act,  which  may  be  required  by  the  State 


GENERAL  SCHOOL  LAWS 

Superiniv  intehdent,  or  by  the  school  district 

;  of  Trustees;  shall  use  the  text  books  provided  for  the 
schools  of  the  State:  enforce  the  Course  of  Study  and  the  rules 
and  r  :  by  the  State  Superintendent;  hold 

pupils  to  a  strict  account  for  disorderly  conduct  or  improper  Ian- 
Linage  in  and  about  the  building,  on  the  play  grounds  and  on  the 
way  to  am  1  from  school;  shall  keep  himself  or  herself  above  re- 
proach and  endeavor  to  impress  upon  the  minds  of  the  pupils  the 
principles  of  truth,  justice,  morality,  patriotism  and  refinement 
and  to  avoid  idlen  -hood,  profanity,  vulgarity  and  in 

:C.e;  give  attention  during  every  school  term  to  the  cultiva- 
>!  manners,  and  devote  not   less   than   thirty    minutes 
week  to   the   systematic  teaching   of   kindness  of  pupils    to   one 
another  and  toward  d<  •  md  other  living  crea* 

in.      Xo  teacher  shall  be  entitled  I 
msatio-n  for  the  time  heorshe  i<-achesin  any 

lie  school  without  a  certificate  valid  or  in  force  for  such  time  in 
the  county  where  such  school  is  taught,  except  that  if  a  teacher's 
certificate  shall  expire  by  its  own  limitation  within  six  weeks  of 
the  ci«  term  such  teacher  may  finish  such  term  without  re- 

examination  or  renewal  i  •  her  certilicatc. 

4. — Prohibit* -in*.     No   books,  papers,   tracts  or   < 
nients  of  a  political,  sectarian    or   denomination   character    must 
be  used  or  introduced  in  any  school  established  under  the  provis- 
ions of  this  act.  and  any  and  every  political,  sectarian  or  d<- 
inational  doctrin."  -cssly  forbidden    to   be   taught 

therein  ;  nor  shall,  any  teacher  or  any  district  receive  any  of  the 
public  school  moneys  in  wiiich  the 'schools  have  not  been  tauirht 
in  accordance  with  the  provisions  of  this  act. 

SKC.  .">. — School  Year  and  School  Month.      The  school 
within  this  State  shall  commence  on  the  first  Monday  in  Septem- 
i  each  vear.     A  school  month   is  four   weeks   of   five   school 
days  each. 

S  w.  I'.,  Schftfil  A<!?  D<'fr:i<><],  School  aa'c  MS  lierein  used  is 
defined  as  all  per  and  twenty-one 

years. 

Si-x1.  7. -— -Institute  Call  Notice.  The  County  Superintendent 
of  each  county  in  this  State  must  hold  annually  a  teachers'  in- 
stitute at  such  time  as  lie  may  designate,  and  such  institute  must 
continue  in  session  not  less  than  five  nor  more  than  fifteen  days. 
He  must  give  at  least  ten  days'  notice  of  the  time  and  place  of 
•holding  such  institute  by  publication  in  some  newspaper  pub- 
lished in  the  county  or  by  a  written  notice  to  each  qualified 
teacher  in ;tbe  county.  Provided,  that  two  or  more  adjoining 
counties  may  unite  in  holding  a  joint  institute  under  the  joint 
supervision  of  the  County  Superintendents  of  such  counties. 

Institutes — Teach  ri'$  Shall  Attend.      It  is  the  duty 

of  all  teachers  engaged  in  the  county  and  of  all  persons  holding 

certificates,  to  attend  such  institute  and  to  participate  in  the  ex- 

reof,  and  all  teachers  who  may  have  charge   of   schools 


OF  THE  STATE  OF  IDAHO 

at  the  time  of  holding  the  annual  institute  must  adjourn  their 
schools  for  the  time  during  which  the  institute  is  held.  J^mridcd, 
that  when  joint  institutes  an?  held  in  accordance  with  the  provis- 
ions of  Section -51*  it  shall  be  the  duty  of  all  teachers  in  said 
counties  and  of  all  persons  holding  certificates  therein,  to  attend 
such  joint  institute. 

SKC.  1*.  Institutes  Adjournment  of  Schools,.  All  teachers 
who  IMM.V  adjourn  school  for  the  purpose  of  attending  any  annual 
county  or  joint  institute  must  be  allowed  the  same  pay  while  in 
actual  attendance  as  when  teaching,  and  the  County  Superintend- 
ent must  certify  to  the  number  of  days  attendance  of  each 
teacher,  arid  the  Trustees  of  the  several  districts  must  count  them 
as  so  many  days  lawfully  employed.  •  • 

SKO.  10.-  Institute* —  Axsixtants —  /Vwi*/m?«  for  Expense. 
The  County  Superintendent  shall  procure  the  services  of  one  or 
Eaore  competent  persons  to  assist  in  conducting  said  institute^ 
he  must  also  provide-  a  building,  lights,  stationery,  janitor  service, 
and  all  things  necessary  for  the  holding  of  the  institute  ;  and 
must  present  an  itemized  account  of  such  expense*  not  to  exceed 
one  hundred  and  fifty  dollars,  exclusive  of  the  amount  received 
from  fees  of  applicants  for  teachers'  certificates  to  the  Auditor  of 
his  county,  and  the  County  Auditor  shall  issue  a,  warrant  in 
favor  of  the  County  Superintendent  equal  to  the  amount  of  such 
expenses.  I'rnri.de.d.  In  case  joint  institutes  are  held  as  provided 
in  Section  7,  the  County  Superintendents  of  the  counties  holding 
such  institutes  shall  each  present  an  itemized  account  of  such  ex- 
penses as  aforesaid  to  the  Auditor  of  his  county  and  the  expense-^ 
thereof  shall  be  borne  equally  by  such  counties,  and  the  County 
Auditor  shall  issue  a  warrant  in  favor  of  the  County  Superin- 
tendent for  the  part  chargeable  against  such  county. 


CHAPTER  IX.— FREE  TEXT  BOOK  LAW. 

An  Act  to  Provide  for  the  Free  and  Uniform  Text  Books  for  the  Public  Schools 
of  the  State  of  Idaho. 

Be,  it  Enacted  by  tJie  Legislature  of  the  State  of  Idaho; 

SECTION  1.  The  Governor  of  the  State  of  Idaho  is  hereby 
authorized  and  empowered  to  appoint  five  persons,  one  of  whom 
shall  he  the  State  Superintendent  of  Public  Instruction,  and  four 
of  whom  shall  be  educators  of  the  State  of- Idaho,  who  shall  con- 
stitute a  State  Board  of  Text  Book  Commissioners,  and  who  shall 
hold  office  until  they  have  complied  with  the  duties  hereinafter 
imposed. 

SEC  2.  The  said  Board  of  Text  Book  Commissioners  shall 
meet  at  the  State  Capitol,  in  the  Senate  chamber,  on  the  first 
Monday  in  May,  1899,  for  the  purpose  of  selecting  and  adopting 
a  uniform  series  of  text  books  for  use  in  all  the  public  schools  of 
the  State.  Said  Board  shall  have  power  to  formulate  rules  for 
its  own  government  and  three  members  shall  constitute  a  quorum. 

^Section  7.     Chapter  8. 


2?  GENERAL  SCHOOL  LAWS 

SEC\.  3,  Immediately  upon  the  approval  of  this  Act,  the 
State  Superintendent  of  Public  Instruction  shall  advertise  for  at 
least  thirty  days-  in  two  newspapers  published  in  the  State,  giving: 
notice  that  the  Text  Book  Commissioners  will  meet  as  herein- 
before provided,  and  will  consider  all  offers  and  proposals  for 
supplying  the  State  of  Idaho  with  a  uniform  series  of  text  books- 
for  use  in  all  public  schools  of  said  State  for  a  term  of  six  years 
from  and  after  the  first  day  of  September,  1899,  in  the  following 
branches,  to- wit:  Spelling,  Reading,  Writing,  Arithmetic,  Geog- 
vaphy,  Grammar,  Physiology  and  Hygiene,  Civil  Government, 
History  of  the  United  States,  and  in  all  other  branches  taught  in 
the  common,  graded,  and  high  schools  of  the  State.  Said  pro- 
posals shall  state  the  price  at  which  said  books  will  be  furnished 
free  on  board  the  ca'rs  at  the  places  designated  by  the  said  Corn-- 
mission, Provided.  That  the  price  paid  for  the  books  so  adopted 
and  used  in  the  public  schools  shall  not  exceed  the  price  at  which 
said  books  shall  be  sold  by  said  publishers  to  other  purchasers 
during-  the  existence  of  their  contract  with  the  State. 

SEC.  4.  It  shall  be  the  duty  of  the  said  Board  of  Text 
Book  Commissioners  to  meet  at  the  time  and  place  mentioned  in 
said  notice,  and  to  carefully  consider  all  proposals  made  to  them 
for  the  furnishing  of  the  said  text  books  as  hereinbefore  provided, 
and  said  Board  shall  select  and  adopt  such  text  books  for  use  in 
all  the  public  schools,  as  will  in  their  judgment  best  subserve  the 
interests  and  promote  the  progress  of  the  public  schools  in  the 
State.  The  series  of  text  books  so  selected  and  adopted  by  the  said 
Board  of  Text  Book  Commissioners,  shall  be  certified  to  by  the 
Chairman,  and  said  certificate  with  a  copy  of  all  books  named 
therein,  must  be  placed  on  file  in  the  office  of  the  State  Superin- 
tendent of  Public  Instruction.  Such  certificate  must  contain,  a 
complete  list  of  all  books  adopted  by  the  said  Board,  giving  the 
price  for  which  each  kind  and  grade  of  books  will  be  furnished, 
and  the  name  and  address  of  the  publisher  agreeing  to  furnish 
the  same.  The  said  books  named  in  the  said  certificate  shall  for 
a  period  of  six  years  from  and  after  the  first  day  of  September, 
1899.  be  used  in  all  the  public  schools  of  the  State  to  the  exclu- 
sion of  all  others. 

SEC.  5.  The  said  Board  of  Text  Book  Commissioners  shall 
have  power  to  make  such  contracts  and  agreements  with  pub- 
lishers as  they  shall  deem  necessary  for  the  best  interests  of  the 
public  schools  of  the  State,  and  shall  require  of  a  11  publishers  con- 
tracting and  agreeing  to  furnish  books  adopted  by  said  Commis- 
sioners to  furnish  bonds  in  double  the  amount  in  value  of  the 
books  to  be  furnished,  for  the  faithful  performance  of  the  condi- 
tions of  said  contract. 

SEC.  6.  Immediately  after  the  filing  of  said  certificate  in 
his  office,  the  State  Superintendent  of  Public  Instruction  shall 
have  prepared  printed  lists  of  the  text  books  adopted  by  said 
Board,  with  the  price  of  each  of  said  books  as  certified  to  in  said 
certificate  and  shall  forward  the  same  to  the  County  Superintend- 


OF  THE  STATE  OF  IDAQO.  2?, 

ente  of  the  several  counties  of  the  State,  who  shall  immediately 
forward  one  list  to  each  Trustee  and  to  each  teacher  in  his  county. 

SEC,  7.  It  shall  be  the  duty  of  all  book  publishers  furnish- 
ing books  to  the  State  of  Idaho  under  this  Act  to  keep  the  book? 
they  agree  to  furnish,  on  hand  at  all  times  at  their  places  of 
business. 

SEC.  8.  Not  later  than  the  first  Monday  in  August,  1899, 
and  at  such  othsr  times  as  may  be  necessary  to  properly  supply 
the  schools  of  said  district  th 3  Chairman  o,'  each  of  the  several 
Boards  of  Trustees  of  the  county  shall  forward  to  the  County 
Superintendent  of  his  county  a  list  of  th.3  kind  of  books,  and  the 
number  of  each  kind,  which  will  be  required  to  supply  the  pupils  of 
the  public  schools  of  his  district.  Immediately  upon  the  receipt  of 
this  requisition  from  the  Chairman  of  the  Board  of  Trustees,  'he 
County  Superintendent  shall  order  from  the  nearest  book  pub- 
lisher or  publishers  furnishing  said  books  designated  therein,  and 
upon  receipt  of  the  duplicate  bills  from  said  publishers,  and  upon 
comparison  with  the  original  bills  sent  to  t'he  Trustee  or  other 
person  to  whom  the  order  was  consigned,  and  after  comparing 
the  same  with  the  publishad  price  furnished  him  by  the  State 
Superintendent  as  hereinbefore  provided,  shall  order  the  County 
Treasurer  to  remit  the  purchased  price  to  the  said  publishers  from 
the  funds  of  said  district:  Provided,  That  if  the  district  had  no 
funds  to  its  credit  in  the  hands  of  the  County  Treasurer,  then  the 
said  County  Treasurer  shall  at  once  remit  from  the  Current  Ex- 
pense Fund  of  the  county,  the  same  to  be  reimbursed  to  the 
Current  Expense  Fund  of  the  county,  from  the  funds  of  the  dis- 
trict as  soon  as  the  amount  has  been  paid  into  the  treasury  to 
the  account  of  said  district.  And:  Provided,  further.,  That  if 
from  any  cause  the  accounts  are  not  paid  within  ninety  days,  the 
same  shall  draw  interest  at  the  rate  of  seven  per  cent,  per  annum 
from  the  date  of  the  shipment  of  the  books  to  the  date  of  payment. 

SEC.  9.  The  County  Superintendent  and  the  County 
Treasurer  shall  each  keep  an  account  of  all  books  ordered,  show- 
ing the  number  of  the  district,  the  number  and  kind  of  books,  the 
date  of  the  order,  the  place  from  whence  ordered,  the  date  and 
the  amount  of  the  remittance  and  such  other  items  as  will  in 
their  judgement  render  the  whole  transaction  easily  understood. 
Provided,  That  the  Trustees  of  each  district  shall  determine 
whether  or  not  the  text  books  for  said  district  shall  be  free  text 
books,  and  if  it  shall  be  determined  by  said  Trustees  that  said 
text  books  shall  not  be  free  then  any  parent  or  guardian  or  other 
person  having  the  legal  or  actual  control  of  a  child  or  children, 
shall  be  required  to  purchase  necessary  books  for  such  child  or 
children  from  the  Trustees  of  his  district  at  actual  cost  to  t  hat 
district,  and  the  Trustees  shall  pay  the  purchase  price  back  into 
the  treasury,  the  same  to  be  placed  to  the  credit  of  said  district: 
Provided,  That  in  cases  where  it  is  deemed  by  said  Trustees  that 
any  parent  or  guardian  is  unable  to  pay  for  said  text  books,  the 
s<ame  may  be  furnished  free. 

SEC.  10.     The  Clerk  of  the   Board   of  Trustees  is  hereby 


21  GENE  I?  \L  SCHOOL  L 

made  the  custodian  of  the  text  books  belonging  to  the  district. 
and  he  shall,  on  the  morning  of  the  opening  of  the  school  or  prior 
thereto,  count  out  the  number  of  the  books  belonging  to  the  dis- 
tric.  carefully  the  condition  of  said  books,  and  placing 

the  same  in  the  hands  of  the  teacher,  taking  a  receipt  for  the 
same  and  at  the  end  of  the  term  of  the  school  the  said  Clerk  of 
the  Board  of  Trustees  shall  receive  the  said  books  from  the 
teacher  giving  his  receipt  for.  them,  and  any  missing  or  destroyed 
books  shall  be  accounted  for  by  the  teacher:  /-'roridcd,  That 
the  pupils  shall  be  responsible  through  his  parents  or  guardian, 
to  the  district,  if  the  responsibility  is  fixed  upon  said,  pupil,  and: 
rrnvided,  J'u^ih'jr.  That  no  one  shall  be  responsible  for  the 
natural  wea  r  and  tear  of  the  books.  In  the  interim  of  the  sessions 
of  the  school,  the  Clerk  of  the  Board  of  Trustees  shall  safely  k 
the  books,  and  use  clue  diligence  in  their  preservation. 

SEC.  11.      In  connection  with  the  text  books  that   shall 
have  been  adopted;  the  Board   of  Text   Book   Commissioners    is 
authorized  to  prepare  such   suggestions  and  outlines  as  in   their 
judgment  will  be  useful  to  the  teachers  and  schools  of  the  Si: 
which  said  suggestions  and   outlines  shall  he   printed   and   » 
tributed  to  the  teachers  and  Trustees  of  the  State  free  of  charge. 
by  the  State  Superintendent  of  Public  Instruction.     In    addii 
to  the  suggestions  and  outlines  hereinahove  mentioned,  the  Si 
Superintendent  is  authorized  and  it  shall  be  her  duly  to  prepaie 
and  have  printed  such  regulations  as  she  may  deem  may  be  ] 
essary,  in  regard  to  .the  care  and  custody  of  the  books,   and  the 
keeping  of  the  accounts   between  the  districts   and   the    several 
companies,  and  such  regulations  shall  be  binding  on  the  County 
Treasurer.  County  Superintendent,  teachers  and  Trust' 

SEC.  12.  The  said  Board  of  Text  Book  Commissioners 
shall  each  receive  the  sum  of  six  dollars  per  day  and  in  addition 
thereto. each  shall  receive  his  actual  and  necessary  exper 
while  in  the  discharge  of  his  official  duties  including  the  time  ac- 
tually and  necessarily  consumed  in  going  to  and  returning  from 
the  meeting  of  the  commission. 

SEC.  13.  There  is  hereby  appropriated  the  sum  of  one 
thousand  dollars  or  so  much  thereof  as  inay.be  necessary,  t<» 
carry  out  the  provisions  of  this  act. 

SEC.  14.  All  act*,  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

SEC.  15.  Whereas  an  emergency  exists,  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  <>,  18t)<>. 


CHAPTER  X.— COMPULSORY  EDUCATION. 

SEC.  1. — Duties  of  Torrent*  or  Gurtrdicws  Prows*).  Ev- 
ery parent,  guardian  or  other  person  in  the  State  of  Idaho  having 
control  of  a  child  or  children  between  the  ages  of  eight  and  four- 
teen vears  shall  be  required  to  send  such  child  or  children  to  a 


OF  THE  STATE  OF  IDAHO.  2.S 

public  school  for  a  period  of  twelve  weeks  in  each  school  year,  at 
least  eight  weeks  of  which  shall  be  consecutive,  unless  such  child 
-or  children  are  excused  from  such  attendance  by  the  Board  of 
-School  Trustees  of  the  school  district  in  which  such  parents  or 
.guardians  reside,  upon  it  being  shown  to  their  satisfaction  that 
the  bodily  or  mental  condition  of  such  children  has  been  suck 
as  to  prevent  his,  her  or  their  attendance  at  school,  or  application 
-at  study  for  the  period  required,  or  that  such  child  or  children. 
.are  taught  in  a  private  school  or  at  home  in  such  branches  as  are 
usually  taught  in  a  primary  school,  or  have  already  acquired  the 
ordinary  branches  of  learning  taught  in  the  public  schools: 
I'roridefL  In  case  a  public  school  shall  not  be  taught  for  a  period 
of  twelve  weeks,  during  the  year,  within  three  miles  by  the  near- 
est traveled  road  of  the  residence  of  any  such  parent  or  guardian 
within  the  school  district,  he  or  she  shall  not  be  liable  to  the  pro- 
visions of  this  act. 

SEC.  2. — Duties  of  Trustees  It  shall  be  the  duty  of  the 
Board  of  School  Trustees  of  each  district  in  the  State,  on  or  be- 
fore the  first  Monday  in  September  in  each  year,  to  furnish  the 
principal  in  each  public  school  taught  in  the  district  with  a  list 
•of  all  children  in  the  school  district  between  the  ages  of  eight  and 
fourteen  years,  said  list  to  be  taken  from  the  report  of  the  School 
Census  Marshal. 

SEC.  3. — Duty  of  Teachers — Monthly  Reports.  At  the  be- 
ginning of  each  school  month  thereafter  it  shall  be  the  duty  of  the 
principal  of  each  school  in  such  district  to  report  to  the  Board  of 
School  Trustees  of  such  district  the  names  of  all  children  attend- 
ing school  during  the  previous  school  month. 

SEC.  4.—  Violation  of  the  Law — How  Proceedings  are  Begun, 
— Proviso.  When  it  shall  appear,  at  the  expiration  of  three 
school  months,  to  the  Board  of  School  Trustees  that  any  parent, 
guardian  or  other  person  having  charge  or  control  of  any  child 
or  children  shall  have  failed  to  comply  with  the  provisions  of  this 
act,  the  Board  shall  cause  dematod  to  be  made  upon  such  parent, 
guardian  or  other  person  for  the  amount  of  the  penalty  herein- 
after provided,  when,  if  such  parent,  guardian  or  other  person 
shall  neglect  or  refuse  to  pay  the  same  within  five  days  after  the 
making  of  said  demand,  the  Board  shall  commence  proceedings 
in  the  name  of  the  school  district  for  the  recovery  of  the  fine 
hereinafter  provided  before  any  court  having  jurisdiction:  Pro- 
vided, That  nothing  in  sub-division  1  shall  apply  to  any  child 
or  children  who  are  actually  and  necessarily  compelled  to  labor 
for  the  support  of  a  parent  or  parents. 

SEC.  5. — Penalty— Disposal  of  Fines  Arising  From  Such 
Funds.  Any  parent,  guardian  or  other  person  having  control  or 
charge  of  any  child  or  children,  failing  to  comply  with  the  pro- 
visions of  this  act,  shall  be  liable  to  a  fine  of  not  less  than  five 
dollars  for  the  first  offense,  nor  less  than  ten  dollars,  nor  more 
than  fifty  dollars  for  the  second  and  each  subsequent  offense,  be- 
side the  cost  of  collection.  All  fines  collected  under  the  pro- 
visions of  this  act  shall  be  paid  into  the  county  treasury,  the 


26  GENERAL  SCHOOL  LAWS 

same  to  be  placed  to  the  credit  of  the  school  district  collecting  the 
same. 

SEC.  6. —  Trustees'  Annual  Notice.  The  Board  of  School 
Trustees  in  each  district  shall  cause  to  be  posted  annually  in 
three  public  places  in  the  district  notices  of  the  requirements  and 
penalties  of  this  law. 


CHAPTER    XI.— SCHOOL  BONDS. 

SECTION  1. — Election — Limit  of  Issue — Rate  of  Interest — 
Purpose.  The  Board  of  School  Trustees  of  an}7  school  district 
may,  whenever  a  majority  so  decide,  submit  to  the  electors  who 
are  residents,  freeholders  or  heads  of  families  of  the  district,  the 
question  whether  the  Board  be  authorized  to  issue  coupon  bonds 
to  a  certain  amount,  not  to  exceed  four  per  cent  of  the  taxable 
property  in  said  district,  and  bearing  a  certain  rate  of  interest. 
not  exceeding  eight  per  centum  per  annum,  and  payable  and 
redeemable  at  a  certain  time,  for  the  purpose  of  building  or 
providing  a  school  house  in  said  district  with  all  necessary 
furniture,  as  desks,  blackboards,  globes,  charts,  outline  maps, 
etc.,  and  the  Board  of  School  Trustees  of  any  school  district, 
which  has  issued  bonds  for  any  of  the  purposes  enumerated  in 
this  section,  may  submit  to  the  electors  of  such  district  the  ques- 
tion whether  the  Board  shall  be  authorized  to  issue  coupon  bonds 
to  refund  or  take  up  any  of  the  bonded  indebtedness  of  such 
district,  at  a  rate  of  interest  not  exceeding  eight  per  cent,  per 
annum. 

SEC.  2.— Manner  of  Holding  Election.  Such  elections 
must  be  held  in  the  manner  prescribed  for  elections  in  this  act. 
The  ballots  must  contain  the  words  "Bonds  Yes"  or  ''Bonds  No." 
If  two-thirds  of  the  votes  cast  at  such  election  are  " Bonds  Yes'! 
the  Board  of  Trustees  must  issue  such  bonds  in  such  forms  as  the 
Board  may  direct;  they  must  bear  the  signature  of  the  Chairman 
of  the  Board  of  Trustees  and  be  countersigned  by  the  Clerk  of  the 
school  district,  and  coupons  attached  to  the  bonds  must  be  signed 
by  said  Chairman  and  said  Clerk;  and  each  bond  so  issued  must 
be  registered  by  the  County  Treasurer  in  a  book  provided  for  that 
purpose,  which  must  show  the  number  and  amount  of  each  bond 
and  the  person  to  whom  the  same  is  issued,  and  the  said  bonds 
must  be  sold  by  the  said  school  Trustees  as  hereinafter  provided. 

SEC.  3. — Notice  of  Male.  The  school  Trustees  must  give 
notice  in  some  newspaper  published  in  the  State,  for  a  period  of 
not  less  than  four  weeks  to  the  effect  that  said  school  Trustees 
will  sell  said  bonds,  briefly  describing  the  same,  and  stating  the 
time  when,  and  the  place  where  said  sale  will  take  place: 
Pro  rided,  That  the  said  bonds  must  not  be  sold  for  less  than 
their  par  value,  and  the  Trustees  are  authorized  to  reject  any  bids 
and  to  sell  said  bonds  at  private  sale  if  they  deem  it  for  the  best 
interest  of  the  district,  and  all  money  arising  from  the  sale  of  said 
bonds  must  be  paid  forthwith  into  the  treasury  of  the  county  in 
which  said  district  may  be  located,  to  the  credit  of  said  district, 


OF  THE  STATE  OF  IDAHO.  27 

and  the  same  are  immediately  available  for  any  of  the   purposes 
authorized  by  this  chapter. 

SKC  4.  The  faith  of  each  school  district,  is  solemnly 
pledged  for  the  payment  of  the  interest  and  the  redemption  of 
the  principal  of  all  bonds,  which  are  issued  under  this  act.  And 
for  the  purpose  of  enforcing  the  provisions  of  this  act,  each  school 
district  is  a  body  corporate,  and  may  sue  and  be  sued  by  or  in  the 
name  of  the  Board  of  School  Trustees  of  said  district. 

SEC.  5. — Interest — Loaning  'of  Sinking  Fand.  The  school 
Trustees  of  each  district  must  ascertain  and  levy  annually  the 
tax  necessary  to  pay  the  interest  as  it  becomes  due  and  a  Sinking 
Fund  to  redeem  the  bonds  at  their  maturity,  and  said  tax  is  a 
lien  upon  the  property  of  said  school  district  and  must  be  collected 
in  the  same  manner  as  other  taxes  for  school  purposes:  Provided, 
That  the  said  Sinking  Fund  may,  at  the  discretion  of  the  Board, 
be  loaned  on  first  mortgage  or  improved  farm  lands,  but  110  loan 
shall  exceed  one-third  of  the  market  value  of  the  land,  exclusive 
of  the  improvements  thereon,  given  as  security  for  such  loans. 
The  annual  interest  on  all  loans  herein  provided  for  shall  be 
seven  per  cent.,  or  may  be  invested  in  United  States  bonds,  State 
bonds,  county  or  State  warrants,  when  the  market  value  thereof 
is  not  below  par,  at  the  discretion  of  said  Board. 

SEC.  6. — Redemption.  When  the  sum  in  the  Sinking  Fund 
equals  or  exceeds  the  amount  of  any  bond  then  due,  the  County 
Treasurer  shall  post  in  his  office  a  notice  that  he  will,  within 
thirty  days  from  the  date  of  such  notice,  redeem  the  bonds  then 
payable,  giving  the  number  thereof;  and  preference  must  be  given 
to  the  oldest  issue;  and  if  at  the  expiration  of  the  said  thirty  days 
the  holder  or  holders  of  said  bonds  shall  fail  or  neglect  to  present 
the  same  for  payment,  interest  thereon  must  cease;  but  the 
Treasurer  shall  at  all  times  thereafter  be  ready  to  redeem  the 
same  on  presentation,  and  when  any  bonds  are  so  purchased  or 
redeemed  the  County  Treasurer  must  cancel  the  same  by  writing 
across  the  face  of  each  bond,  in  red  ink,  the  word  "redeemed," 
and  the  date  of  such  redemption. 

SEC.  7. — County  Treasurer  Must  Pay  Interest.  The  County 
Treasurer  must  pay  out  of  any  moneys  belonging  to  a  school  dis- 
trict, the  interest  upon  any  bonds  issued  under  this  chapter  by 
such  school  district  when  the  same  becomes  due,  upon  the  pre- 
sentation at  his  office  of  the  proper  coupon,  which  must  show  the 
amount  due  and  the  number  of  the  bond  to  which  it  belonged; 
and  all  coupons  so  paid  must  be  reported  to  the  school  Trustees 
at  the  first  meeting  thereafter. 

SEC.  8. —  'trustees  Issue  Bonds.  The  school  Trustees  of  any 
district  must  cause  to  be  printed  or  lithographed  at  the  lowest 
rate,  suitable  bonds,  with  the  coupons  attached,  when  the  same 
becomes  necessary,  and  pay  therefor  out  of  any  moneys  in  the 
county  treasury  to  the  credit  of  the  school  district. 

SEC.  9. — Penalty  for  Refusing  to  Pay.  If  any  of  the  school 
Trustees  fraudulently  fail  or  refuse  to  pay  into  the  county  treasury 


*2S  <jTl<;.s  Eli  A  L  SCHOOL  L  nVS 

the  money  arising   from  the  sale  of  any  bonds  provided  for  by 
this  act.  they  are  guilty  of  a  felony. 


CHA'PTER  XII. — INDEPENDE>:T  SCHOOL  DISTRICTS. 
FREE  SCHOOLS— INDEPENDENT  DISTRICT. 

\n  Act  to  Amend  Section  Seventy-eight  of  an  Act  Entitled,  "An  Act  to  Establish! 

and  Maintain  a  System  of  Free  Schools."     Passed  by  the  Second 

Session  of  the  Legislature  of  the  State  of  Idaho. 

Be  it  Enacted  by  the  legislature  of  the  State  of  fdaho; 

SECTION  1. — Free  Schools — Independent  Ditricts.  That 
Section  Seventy-eight  [78]  of  an  act  of  the  legislature  of  the  State 
of  Idaho  entitled,  "An  Act  to  Establish  and  Maintain  a  System 
of  Free  Schools,"  approved  March  11,  1898,  be  amended  so  as- 
to  read  as  follows:  Sec.  78.  Whenever  any  school  district 
within  this  State,  as  defined  by  the  Board  of  County  Commission- 
ers, has  within  its  limits  taxable  property  to  the  amount  of  one 
hundred  and  fifty  thousand  dollars  or  over,  as  shown  by  the  last 
assessment  roll  for  the  county,  it  may  be  organized  into  an  in- 
dependent school  district  upon  a  vote  of  one-fifth  or  over,  of  those 
within  the  district  who  are  qualified  to  vote  at  school  elections- 
petitioning  the  said  Board  for  the  establishing  of  such  district  as  an 
independent  school  district,  and  if  a  greater  number  of  such  quali- 
fied voters  do  not  remonstrate  against  such  establishment,  the  Board 
must  clearly,  by  its  order  of  record y  define  the  boundaries  of  such 
district,  if  not  already  done,  and  within  one  month,  order  that  the 
question  of  so  establishing  such  independent  school  district  must 
be  submitted  tp  a  vote  of  all  the  electors  of  the  district,  who, 
under  the  provisions  of  this  act,  are  authorized  to  vote  for  the  lew 
of  taxes  and  issue  of  bonds,  and  must  make  the  necessary  ar- 
rangements for  such  election,  giving  at  least  twenty  days'  notice 
thereof,  and  the  time  and  place  of  holding  the  same.  If  a  ma- 
jority of  those  so  voting,  vote  in  favor  of  so  organizing  such 
independent  district,  said  Board  must  make  its  order  of  record 
and  declare  such  district  established,  and  designate  it  as  the 
independent  school  district,  [state  name  and  number  of  district] 
in County,  Idaho. 

SEC.  2. — Corporate  rowers.  The  district  so  established  is 
constituted  a  body  corporate  and  succeeds  to  the  title  of  all 
property ,  rights  and  privileges,  and  assumes  and  must  dischn 
and  pay  all  debts,  obligations  and  duties  belonging  to  or  devolving 
upon  the  old  district  or  districts  of  which  it  is  so  formed  and 
established,  and  by  its  corporate  name  it  may: 

FIRST.     Make  contracts,  sue  and  be  sued. 

SECOND.     Take,  hold  and  convey   such  real  and  personal 
property  only  as  is  needed  for  actual  school  purposes. 

THIRD.     To  have  a  corporate  seal. 

FOURTH.     To  choose  such  officers  as  are  herein   provided 
for. 

SEC.  3. — Officers — Trustees — Terms.      The  officers  of  such 
district  consist  of  a  Board  oi  Trustees,  composed  of  six  qualified 


OF  THE  STATE  OF  IDAHO.  2<> 

electors,  who  are  resident  freeholders  within  the  district.  The 
first  Board  of  Trustees  must  be  appointed  by  the  Board  of  County 
Commissioners  immediately  after  the  district  is  so  established 
and  hold  their  offices  for  terms  as  follows,  to-wit:  Two,  until  the 
next  school  election  under  the  provision  hereof;  two  for  two,  and 
two  for  four  years  after  such  election  arid  until  their  successors 
are  elected  and  qualified,  and  said  Board  so  appointing  must 
designate  the  term  of  each  Trustee  so  appointed. 

SEC.  4. — Election — Time — Notice.  There  must  be  an 
election  for  two  members  of  the  Board  of  Trustees  to  be  held  on 
the  first  Monday  of  September  following  the  establishment  of 
such  district,  and  biennially  thereafter  an  election  must  be  held 
to  elect  two  Trustees.  The  Clerk  of  the  Board  must  give  at  least 
ten  days'  notice  of  the  time  and  place  of  such  election,  by  publica- 
tion in  a  newspaper,  or  by  three  posted  notices  in  the  district. 

SEC.  5. — Qualified  Electors — Judges1  Decision  on  Tie  Vote. 
At  all  elections  under  this  chapter  voters  must  have  the  same 
qualifications  prescribed  by  this  title  for  school  elections.  At 
such  elections  any  person  offering  to  vote  may  be  challenged  and 
required  to  take  all  oaths  required  of  voters  at  the  general 
elections  in  this  State;  and  on  refusing  to  take  such  oaths  must 
not  be  allowed  to  vote,  and  the  Board  of  Trustees  must  appoint 
for  all  such  elections  two  Judges  and  one  Clerk.  Voting  must  be 
by  ballot,  and  if  upon  counting  the  ballots  there  is  a  tie  and 
three  qualified  persons  have  the  highest  and  an  equal  number  of 
votes,  the  Board  of  Trustees  must  select  two  from  the  three,  and 
when  there  is  a  failure  to  elect  by  reason  of  a  tie  vote  the  Board 
of  Trustees  must  select. 

SEC.  6. —  Vacancies.  If  any  Trustee  dies,  removes  from  the 
district,  or  ceases  to  have  the  qualifications  for  such  office,  or  from 
any  cause  his  office  is  vacant,  or  he  neglects  or  refuses  to  act,  or 
without  excuse  ceases  to  attend  the  meeting  of  the  Board  for  four 
consecutive  regular  meetings  thereof,  his  office  thereby  becomes 
vacant,  and  a  majority  of  said  Board  of  Trustees  may  appoint 
another  qualified  person  to  fill  his  unexpired  term. 

SEC.  7. — Pecuniary  Interest.  No  Trustee  must  be  interested 
in  any  contract  let  or  made  by  or  with  the  Board,  or  with  any 
officer  thereof,  or  in  any  supplies  furnished  to  or  for  said  district, 
or  a  surety  for  the  performance  of  any  contract  with  said  Board 
or  district,  or  the  agent  or  partner  of  any  contractor  with  said 
Board  or  district ;  and  no  action  can  be  maintained  or  recovery 
had  against  said  Board  or  district  upon  any  contract  or  obliga- 
tion in  which  any  Trustee  is  so  interested,  but  the  same  is  void. 

SEC.  8. — Official  Oath  of  Trustees.  Each  Trustee  must  be- 
fore entering  upon  the  duties  of  his  office,  take  and  subscribe  the 
official  oath,  which  must  be  filed  with  the  County  School  Super- 
intendent. 

SEC.  9. —  Organization  of  Board  of  'trustees.  Immediately 
after  the  appointment  of  such  Trustees  by  the  Board  of  County 
Commissioners,  as  above  provided,  and  after  such  biennial  el- 


SO  GENERAL  SCHOOL  LAWS 

ection,  the  Trustees,  or  a  majority  thereof,  must  meet  at  the 
school  house  and  organize  as  a  Board,  and  from  their  number- 
must  select  a  Chairman,  a  Clerk  and  a  Treasurer,  or  they  may 
elect  as  Treasurer  some  competent  or  responsible  person  who  is- 
not  a  Trustee. 


SEQ.  10.  —  Compensation  of  T-'vxte.ez.  No  school  officer 
whatever  must  receive  any  pay  or  compensation  for  his  time  or 
services  or  in  any  way  be  allowed  to  make  any  pecuniary  profit 
or  gain  by  reason  of  his  office  ;  and  any  school  officer  or  person- 
who  has  the  custody  in  any  way  of  any  school  funds  must  give- 
bonds,  with  at  least  two  good  sureties,  in  double  the  amount  of 
funds  likely  at  any  time  to  be  in  his  custody. 

SE'C.  11.  —  Rcoular  Meetings  —  Quo-rum.  Regular  meetings 
©f  the-  Board  of  Trustees  must  be  held  on  the  second  Monday  of 
each  month,  and  special  meetings-  may  be  called  by  the  Chair- 
man of  the  Board,  or  by  any  two  Trustees-,  by  personal  notice  of 
the  time  and  place  of  such  meetings  to  each  member  of  the  Board.. 
or,  if  he  cannot  be  found,  by  leaving  such  notice  at  his  place  of 
residence  with  some  person  of  suitable  age  and  discretion.  Four- 
Trustees  constitute  a  quorum  for  the  transaction  of  any  business. 
but  a  less  number  may  adjourn  any  regular  meeting  from  time 
to  time,  until  a  quorum  can  be  obtained  ;  but  no  meeting  of  the 
Board,  not  provided  for  by  the  rules  or  by  law,  is  legal  unless  all. 
the  members  thereof  have  been  notified  as  provided  for  in  this  sec- 
tion. 

SEC.  12.  —  General  Duties  and  Powers  of  Board  of  Trustees-. 
The  Board  of  Trustees  of  said  district  must  have  power  to  and  it 
is  their  duty: 

FIRST.—  To  make  such  by-laws  for  their  own  government  and 
for  the  government  of  the  schools  of  the  district  as  they  may 
deem  expedient,  not  inconsisient  with  the  provisions  of  this  chap- 
ter. 

SECOND.  —  T©  employ  or  discharge  teachers,  mechanics  and  la- 
borers, and  to  fix,  allow  and  order  paid  their  salaries  and  compen- 
sation, and  to  determine  the  rates  of  tuition  for  non-resident  pu- 
pils. 

THIRD.  —  -To  levy  a  special  tax  if  necessary,  which  when  added 
to  the  moneys  apportioned  by  the  County  Superintendent  of 
schools,  will  be  sufficient  to  provide  funds  for  the  maintenance 
of  the  schools  for  nine  months  in  each  year  ;  the  special  taxes- 
levied  by  said  Board  of  Trustees  for  the  payment  of  interest  on 
bonds  and  Sinking  Fund,  for  payment  of  bonds  at  maturity,  to- 
gether with  the  levy  for  maintenance  of  schools,  shall  not  exceed 
ten  mills  on  the  dollar. 

FOURTH.  —  To  provide  furniture,  fixtures  and  apparatus,  and 
for  everything  needed  in  the  school  house  or  for  the  use  of  the 
board. 

FIFTH.  —  To  rent,  repair  and  insure  school  houses  and  property, 
and  preserve  the  same  for  the  benefit  of  the  school  of  the  district. 

SIXTH.  —  To  build  or  remove  school  houses  and  buildings,  and 
to  purchase  or  sell  school  lots. 


OF  THE  STATE  OF  IDAHO.  ?,1 

SEVENTH. — To  suspend  or  expel  pupils  from  school  who  refuse 
to  obey  the  rules  thereof,  and  to  exclude  from  school,  children 
under  six  years  of  age. 

EIGHTH. — To  determine  the  nurnher  and  qualifications  of 
teachers  who  shall  be  employed  and  the  length  of  time  the  school 
shall  he  kept,  to  fix  the  time  for  opening  or  closing  of  school,  and 
for  the  dismissal  of  primary  pupils  before  the  regular  time  of 
•closing  schools. 

NINTH. — To  require  pupils  to  be  furnished  with  the  proper  and 
suitable  books  as  a  condition  of  membership  irr  the  schools. 

TENTH. — To  exclude  from  the  schools  and  the  school  libraries 
of  said  district  all  books,  tracts,  papers  and  catechisms  of  a  sec- 
tarian nature. 

ELEVENTH, — To  require  teachers  to  conform  to  the  law  and  the 
regulation  of  the  Board. 

TWELFTH. — To  protect  the  morals  and  the  health  of  the  pupils 
while  at  school. 

SEC.  13.— General  Provisiofis,  Not  Contradictory  —  Govern 
Independent  Distric.f*.  All  the  provisions  of  this  act  providing 
for  a  public  school  system  wherein  not  contradictory  to  or  incon- 
sistent with  the  provisions  of  this  chapter,  and  which  may  be 
made  applicable  to  the  objects  thereof,  are  adopted  as  part  of  the 
law  governing  the  establishment  and  management  of  independent 
school  districts. 

CHAPTER  XIII. 
ACT  AUTHORIZING  INDEPENDENT  DISTRICTS  TO  ISSUE  BONDS, 

SEC.  1. —  Trustees  May  Issue  —  Purpose  —  Limit  of  Issue. 
Board  of  Trustees  of  any  independent  school  district  organized 
under  any  general  or  special  law,  may  issue  negotiable  coupon 
bonds  of  their  district  for  the  purpose  of  paying,  redeeming  or  re- 
funding the  principal  of  any  of  the  outstanding  bonded  indebted- 
ness of  their  district,  whenever  the  same  can  be  done  to  the  profit 
or  advantage  of  their  district,  and  without  the  district  incurring 
any  additional  indebtedness  or  liability  exceeding  in  any  year 
the  income  or  revenue  provided  for  such  year. 

SEC.  2. — Bonds — Description  of. — Said  bonds  must  bear  in- 
terest at  not  exceeding  six  per  centum  per  annum,  payable  semi- 
annually,  at  the  office  of  the  Treasurer  of  the  district,  or  at  such 
banking  house  in  the  city  of  New  York  as  may  be  designated  by 
the  Board  of  Trustees  ;  and  the  principal  of  said  bonds,  or  any 
part  thereof,  may,  at  the  option  of  the  district,  be  paid  at  any 
time  after  ten  years,  and  must  be  paid  within  twenty  years, 
from  the  time  they  are  issued,  and  in  the  order  in  which  they 
are  issued  and  numbered. 

Semi-annual  interest  coupons,  covering  the  interest  to  grow 
due,  must  be  attached  to  each  bond  ;  the  bonds  must  be  signed  by 
the  presiding  officer  of  the  Board  and  attested  to  by  its  Secretary 
and  the  seal  of  the  district,  if  it  have  a  seal,  and -the  coupons 
must  be  signed  and  the  bonds  registered  by  the  Treasurer  of  the 
Board. 


32  GENERAL  SCHOOL  LAWS 

SEC.  3. —  Bonds  —  rnlve  of —  Application  of  I'roceedx. — 
No  bond  shall  be  sold  at  less  than  its  par  value,  and  the  proceeds 
thereof  must  be  devoted  to  the  payment,  redemption  or  refunding 
of  the  outstanding  bonded  indebtedness  of  the  district. 

SEC.  4. —  Election  to  Issue  Bonds  tor  Building,  Improving, 
Etc.  The  Board  of  Trustees  of  any  such  independent  district 
may,  whenever  two-thirds  of  the  Board  so  decide,  submit  to  the 
qualified  electors  of  the  district,  at  an  election  to  be  held  for  that 
purpose,  a»d  to  be  called  and  conducted  as  other  school  elections 
in  said  dis'trict,  the  question  whether  the  Board  shall  be  author- 
ized to  issue  the  negotiable  coupon  bonds  of  the  district  in  an 
amount  to  be  mentioned  in  the  notice  of  election,  for  the  pur- 
poses of  providing  and  improving  school  houses  and  grounds  and 
furniture,  apparatus,  and  fixtures  for  said  district,  or  for  any  or 
either  of  said  purposes  ;  and  if  at  such  election  two- thirds  of  the 
qualified  electors  of  said  district  voting  at  said  election  assent 
thereto,  the  Board  of  Trustees  may  issue  such  bonds  of  the  dis- 
trict to  the  amount  and  for  the  purpose  designated  in  said  notice; 
which  bonds  shall  be  in  all  respects  similar  to,  and  shall  be 
be  signed,  negotiated,  registered,  bear  interest,  and  be  made  pay- 
able as  provided  in  the  last  preceding  section  ;  and  no  bond  shall 
be  sold  .for  less  than  its  par  value  ;  and  the  proceeds  thereof  must 
be  devoted  to  the  purposes  mentioned  in  said  notice. 

SEC.  5. — Special  Tax  for  Interest  —  Sinking  Fund  and,  R? 
demption.  The  Board  of  Trustees  of  any  such  district  that  ha? 
issued  bonds  under  either  of  the  last  two  preceding  sections  must 
annually  levy  upon  all  the  taxable  property  of  the  district,  in 
addition  to  other  authorized  taxes,  a  tax  sufficient  to  pay  the  in- 
terest on  all  bonds  so  issued  as  it  falls  due,  and  also  to  constitute 
a  Sinking  Fund  for  the  payment  of  the  principal  thereof  within 
twenty  years  from  the  time  the  bonds  are  issued  ;  which  taxes 
shall  be  levied,  assessed,  collected  and  paid  over  as  other  taxes 
are  levied,  assessed,  collected  and  paid  over,  in  the  district,  and 
shall  be  devoted  to  the  payment  of  the  principal  and  interest  of 
said  bonds  only;  and  the  accumulated  Sinking  Fund  may  be  used 
for  the  redemption  of  said  bond?  at  any  time  after  ten  years  from 
the  date  of  their  issue.  Approved  March  6,  A.  D.,  1891. 

SEC.  6.  Whereas  an  emergeny  exists,  therefor,  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 


CHAPTER  XIV. 

An  Act   to  Validate  and  Legalize  State,  County,  School,  Municipal  or  Other  Bonds  Issued 

Under  Acts  of  the  First,  Second,  Third,  and  Fourth  Sessions  of  the 

Legislature  of  the  State  of  Idaho. 

Be  it  Enacted  by  the  Legislature  of  the  Statr  of  Idaho: 

SECTION  1.  All  bonds  heretofore  duly  issued  under,  in 
pursuance  or  by  virtue  of.  and  in  accordance  with,  the  provisions 
of  any  Act  of  the  first,  second,  third  or  fourth  sessions  of  the 
Legislature  of  the  State  of  Idaho  are  hereby  declared  to  be  good, 
valid  and  binding  obligations,  any  question  as  to  the  manner  of 


OF  THE  -STATE  OF  IDAHO. 

the  passage  of  any  such  Act  or  Acts  notwithstanding;  and  tkeir 
validity  shall  not  be  questioned  in  any  court. 

SEC.  2,  Whereas  an  emergency  exists  therefor  this  Act 
•shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  6,  1899, 

CHAPTER  XV, 

A  Joint  Resolution  to  Submit  to  the  Electors  of  the  State  of  Idaho  for  Rejection  or  Approval, 

an  Amendment  to  Section  Eleven  of  Article  Nine,  of  the  Constitution  of  the 

State  of  Idaho,  Relating  to  Investing  of  Public  School  Fund. 

Be  it  Resolved  by  the. Legislative  of  the  State  of  Idaho; 

SECTION  1.  That  Section  Eleven  of  Article  Nine  of  the 
^Constitution  of  the  State  of  Idaho  be  amended  to  read  as  follows: 
Section  11.  The  permanent  educational  funds  other  than 
funds  arising  from  the  disposition  of  University  lands  belonging 
to  the  State,  shall  be  loaned  on  first  mortgage  on  improved  farm 
lands  within  the  State;  State,  United  States,  or  school  district 
bonds,  or  State  warrants,  under  such  regulations  as  the  Legisla- 
ture may  provide:  Provide  I,  That  no  loan  shall  be  made  of  any 
amount  of  money  exceeding  one-third  of  the  market  value  of  the 
lands  at  the  time  of  the  loan,  exclusive  of  the  buildings. 

SEC,  2.  The  question  to  be  submitted  to  the  electors  of  the 
State,  at  the  next  general  election  shall  be  in  form  as  follows,  to- 
wit:  "Shall  Section  11  of  Article  Nine  of  the  Constitution  of  the 
State  of  Idaho  be  amended  to  enlarge  the  powers  of  the  State 
Board  of  Land  Commissioners,  in  loaning  school  money." 


CHAPTER  XVI. — EDUCATION  OF  DEAF,  DUMB  AND  BLIND. 

SECTION  1. — Animal  Appropriation.  There  is  hereby  ap- 
propriated, annually,  the  sum  of  six  thousand  (6,000)  dollars  or  so 
m  uch  thereof  as  may  be  necessary  for  the  ed  ucation  of  the  deaf,  dumb 
and  blind  of  this  State,  under  the  direction  of  the  State  Board  of 
.Education,  and  the  Treasurer  shall  pay  the  same  on  the  warrant  of 
the  Auditor  for  that  purpose. 

SEC,  2. — Contract  for  Tuition.  The  said  Board  of  Educa- 
tion shall  enter  into  contract  with  some  one  of  the  adjacent  States 
or  Territories  having  an  institution  for  the  education  of  the  deaf, 
dumb  and  blind  of  the  State  of  Idaho  upon  the  most  economical 
terms  possible, 

SEC.  3. — Duly  of  the  Board  of  Education  to  Ascertain  Pupils 
Eligible.  It  shall  be  the  duty  of  the  Board  of  Education  to 
ascertain  the  number  of  deaf,  dumb  and  blind  in  the  State  of 
school  age  and  of  sound  mind  and  body,  whose  parents  are  not 
able  to  provide  for  their  education,  and  as  soon  as  practicable 
thereafter  take  "the  necessary  steps  for  their  education  as  provid- 
ed for  in  Section  2  of  this  act. 

SEC.  4 — Payment  of  Tuition — Rate.  The  State  or  Territory 
in  which  such  institution  for  the  education  of  the  deaf,  dumb 
and  blind  is  located,  as  designated  by  the  said  Board  of  Educa- 


34  GENERAL  SCHOOL  LAWS 

tion,  shall  be  paid  from  the  appropriation  made  in  section  1,  of 
this  act,  of  the  rate  of  not  to  exceed  three  hundred  dollars  a  year 
for  each  scholar's  instruction  and  board,  including  board  during 
vacation,  on  the  certificate  of  the  State  Board  of  Education  to  be 
furnished  to  the  State  Auditor. 

SEC.  5. — -Examination  of  Applicant* — Contingent  Expenses. 
The  State  Board  of  Education  is  authorized  to  provide  for  the 
careful  examination  of  all  applicants  for  admission  to  the  insti- 
tution designated,  and  to  audit  and  certify  to  the  State  Auditor 
all  accounts  for  the  expenses  of  designating  said  institution  and 
conducting  examinations,  and  all  contingent  expenses  attending 
the  same,  and  the  accounts  thereof  shall  be  paid  from  the  appro- 
priation for  this  purpose  made  in  Section  1  of  this  act. 

SEC.  6. — Emergency  Clause — In  Approval.  This  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage  and  approval, 
an  emergency  existing  therefor. 

Approved  March  14,  A.  D.,  1891. 


CHAPTER  XVII. 

An  Act  to  Provide  for  taking  the  Census  of  the  Deaf  and   Blind  Children  of 
School  Age  and  Defining  who  are  Deaf  and  Blind. 

Be  it  Enacted  by  the  Legislature  of  the  State,  of  Idaho: 

SECTION  1.  It  is  hereby  made  the  duty  of  the  Census 
Marshal  of  each  school  district  in  the  State  of  Idaho,  when  he 
shall  enumerate  the  children  of  school  age  in  his  district,  to  care- 
fully ascertain  what  children  in  that  district  are  deaf  or  blind  as 
defined  in  Section  2  of  this  Act,  and  he  shall  note  the  name,  age, 
and  sex  of  such  child  or  children,  also  the  names  of  parents  or 
guardian  or  other  person  having  the  legal  or  actual  charge  of 
such  child  or  children,  and  shall  report  the  same  to  the  County 
Superintendent  of  Public  Instruction,  and  said  County  Superin- 
tendent of  Public  Instruction  shall  include  these  items  in  his 
annual  report  to  the  State  Superintendent  of  Public  Instruction. 

SEC.  2.  All  children  between  the  ages  of  six  and  twenty- 
four  years,  who  are  too  deaf  or  too  blind  to  be  educated  in  our 
public  schools  shall  be  deemed  deaf  and  blind  for  the  purposes  of 
this  Act. 

SEC.  3.  Whereas  an  emergency  exists,  therefore,  this  Act 
shall  be  in  force  from  and  after  its  passage. 

Approved  March  13,  1899. 


CHAPTER.  XVIII. — ACT  TO  ENCOURAGE  ARBORCULTURE. 

SECTION  1. — Designation  of  Arbor  Day.  The  Friday  follow- 
ing the  first  day  of  May  in  each  year  shall  hereafter  be  known 
throughout  this  State  as  Arbor  day. 

SEC.  2. — Schools  Shall  Observe  the  Day — Manner — Purpose. 
It  shall  be  the  duty  of  the  authorities  of  every  public  school  in 
this  State  to  assemble  the  scholars  in  their  charge  on  that  day  in 


OF  T  H E  STATE  OF  1 D  A  H  0 .  35 

the  school  building  or  elsewhere,  as  they  may  deem  proper,  and 
to  provide  for  and  conduct,  under  the  general  supervision  of  the 
County  Superintendents  of  Public  Instruction,  such  exercises  as 
shall  tend  to  encourage  the  planting,  protection  and  preservation 
of  trees  and  shrubs,  and  an  acquaintance  with  the  best  methods 
to  be  adopted  to  accomplish  such  results. 

SEC.  3. — Program  of  Exercises.  The  State  Superintendent 
of  Public  Instruction  shall  have  power  to  prescribe  from  time  to 
time  in  writing  a  course  of  exercises  in  instructions  in  the  subject 
hereinbefore  mentioned,  which  shall  be  adopted  and  observed  by 
the  school  authorities  on  Arbor  Day,  and  upon  receipt  of  copies 
of  such  course,  sufficient  in  number  to  supply  all  the  schools 
under  their,  supervision,  the  County  Superintendent  of  Public  In- 
struction aforesaid  shall  promptly  provide  each  of  the  schools 
under  his  charge  with  a  copy,  and  cause  it  to  be  adopted  and 
observed. 

SEC.  4. — Emergency  Clause.  This  Act  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  approval,  an  emergency 
existing  therefor. 

SEC.  5. —  Repealing  Clause.  All  Acts  and  parts  of  Acts  in- 
consistent with  this  Act  are  hereby  repealed. 


CHAPTER  XIX. 
An  Act  to  Prevent  the  Spread  of  Contagious  Diseases. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Idaho; 

SECTION  1.  The  owner,  or  agent  of  the  owner,  of  a  house  in 
which  a  person  resides  who  has  the  small-pox,  diphtheria,  scarlet 
fever  or  any  other  contagious  or  infectious  disease,  dangerous  to 
the  public  health,  and  the  physician  called  to  attend  the  person 
or  persons  so  affected  shall,  within  twenty-four  hours  after  be- 
coming cognizant  of  the  fact,  give  notice  thereof  to  the  Clerk  of 
the  Board  of  Trustees  of  the  school  district  in  which  said  person 
so  afflicted  resides,  and  said  person  so  afflicted  shall  be  kept  away 
and  apart  from  all  other  persons  except  those  whose  presence 
may  be  necessary  to  the  physical  or  spiritual  wellbeing  of  such 
person  or  persons. 

SEC.  2.  The  school  Trustees  of  the  various  school  districts 
in  the  State,  shall  not  allow  any  pupil  to  attend  the  public 
schools  while  any  member  of  the  household  to  which  such  pupil 
belongs  is  sick  of  small-pox,  diphtheria,  scarlet  fever  or  other  con- 
tagious or  infectious  disease,  dangerous  to  the  public  health,  or 
during  the  period  of  two  weeks  after  the  death,  recovery  or  re- 
moval of  such  sick  person;  and  any  pupil  coming  from  such 
household  shall  be  required  to  present,  to  the  teacher  of  the 
school  the  pupil  desires  to  attend,  a  certificate,  from  the  attend- 
ing physician,  of  the  facts  necessary  to  entitle  him  to  admission 
in  accordance  with  'he  above  regulations. 

SEC.  3.  Whenever  any  text-book  or  books,  belonging  to 
any  school  district,  shall  be  in  any  house  during  the  time  that 


36-  GENERAL  SUffOOl  LAWS 

pupils  residing'  in  such  house  are  prevented  from  attending  the* 
public  school  in  accordance  with  the  provisions  of  this  Act,  Midi 
book  or  hooks  shall  not  be  returned  to  such  public  school  until 
the  same  shall  have  been  thoroughly  disinfected  under  the  direc- 
tion of  the  attending  physician,  who*  shall  certify  the  same  to  the 
teacher  of  said  school,  or  to  the  Clerk  of  the  Board  of  Trustees  in 
ease  the  school  is  not  in  session  at  such  time, 

SEC.  4.  Any  school  Trustees  or  other  person,  violating: 
any  of  the  provision's  of  this  Act  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

SEC.  5.  Whereas  an  emergency  exists  therefor,  this  Act 
<hnll  be  enforced  from  and  after  its  passage. 

Approved  March  13,  1899. 


CHAPTER    XX.—- UNIVERSITY  OF   IDAHO, 

SECTION  1, — Location  There  is  hereby  established  in  this 
State  at  the  town  of  Moscow,  in  the  County  of  Latah,  an  in- 
stitution of  learning  by  the  name  and  style  of  the  ''University  of 
Idaho." 

SEC.  2.  The  government  of  the  University  shall  vest  in  a 
Board  of  Regents  to  consist  of  nine  members  chosen  from  the 
State  at  large,  which  board  the  Governor  shall  nominate,  and 
with  advice  and  consent  of  the  Senate,  appoint.  The  term  of 
office  of  said  Regents  shall  be  six  years  from  the  first  Monday  in 
February  in  the  year  in  wrhich  appointed.  Provided.  That  the 
Regents  appointed  in  the  year  1899  shall  hold  their  offices  during 
the  following  periods:  Three  shall  be  appointed  for  a  term  of 
two  years,  three  shall  be  appointed  for  a  term  of  four  years,  and 
three  shall  be  appointed  for  a  term  of  six  years.  The  Governor 
shall  have  power  to  fill  vacancies  in  the  Board  by  appointment, 
which  appointment  shall  be  valid  until  the  last  day  of  the  regular 
session  of  the  Legislature  following  such  appointment. 

SEC.  3. — Board  nf  Rz  gents  a  Body  Corporate — Organization 
—Duties  of  Officers.  The  Board  of  Regents  and  their  successors 
in  office  shall  constitute  a  body  corporate  by  tha  name  of  "The 
Regents  of  the  University  of  Idaho,"  and  shall  possess  all  the 
powers  necessary  or  convenient  to  accomplish  the  objects  and 
perform  the  duties  prescribed  by  law,  and  shall  have  the  custody 
of  the  books,  records,  buildings  and  other  proparty  of  said  Uni- 
versity. The  Board  shall  elect  a  President,  Secretary  and  Treas- 
urer, who  shall  perform  such  duties  as  shall  be  prescribed  by  the 
by-laws  of  the  Board.  The  Secretary  shall  keep  a  faithful  record 
of  all  the  transactions  of  the  Board  and  of  the  Executive  Com- 
mittee thereof.  The  Treasurer  shall  perform  all  the  duties  of  such 
office,  subject  to  such  regulations  as  the  Board  may  adopt,  and 
for  the  faithful  discharge  of  all  his  duties  shall  execute  a  bond  in 
such  sum  as  the  Board  may  direct. 

SEC.  4. — Elections  and  Annual  Meetings  Fixed  by  By- 
Laws — Quorum.  The  time  of  the  election  of  the  President, 
Secretary  and  Treasurer  of  said  Board,  and  the  duration  of  their 


OF  THE  STATE  OF  IDAHO.  37 

respective  terms  of  office,  and  the  times  for  holding  the  regular 
annual  meeting  and  such  other  meetings  as  may  be  required,  and 
the  manner  of  notifying  the  same  shall  be  determined  by  the  by- 
laws of  the  Board.  A  majority  of  the  Board  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less  number  may 
adjourn  from  time  to  time. 

SEC.  5. — Board  of  Regents — General  Duties.  The  Board 
of  Regents  shall  enact  laws  for  the  government  of  the  University 
in  all  its  branches,  elect  a  President  and  the  requisite  number  of 
professors,  instructors,  officers  and  employees,  and  fix  the  salaries 
and  the  term  of  office  of  each,  and  determine  the  moral  and 
educational  qualifications  of  applicants  for.  admission  to  the  var- 
ious Courses  of  Instruction;  but  no  instruction,  either  sectarian 
in  religion  or  partisan  in  politics  shall  ever  be  allowed  in  any 
department  of  the  University,  and  no  sectarian  or  partisan  test 
shall  ever  be  allowed  or  exercised  in  the  appointment  of  Regents 
or  in  the  election  of  professors,  teachers  or  other  officers  of  the 
University,  or  in  the  admission  of  students  thereto,  or  for  any 
purpose  whatever.  The  Board  of  Regents  shall  ha've  power  to  re- 
move the  President,  or  any  professor,  instructor  or  officer  of  the 
University,  when,  in  their  judgment,  the  interests  of  the  Uni- 
versity require  it.  The  Board  may  prescribe  rules  and  regulations 
for  the  management  of  the  libraries,  cabinet,  museum,  laboratories 
and  all  other  property  of  the  University  and  of  its  several  depart- 
ments, and  for  the  care  and  preservation  thereof,  with  penalties 
and  forfeitures,  by  way  of  damages,  for  their  violation,  which  may 
be  sued  for  and  collected  in  the  name  of  the  Board  before  any  court 
having  jurisdiction  of  such  action. 

SEC.  6. —  Power  to  Expend  Income.  The  Board  of  Regents 
are  authorized  to  expend  such  portion  of  the  income  of  the  Uni- 
versity Fund  hereinafter  created  as  they  may  deem  expedient  for 
the  erection  of  suitable  buildings  and  the  purchase  of  apparatus, 
a  library,  cabinets  and  additions  thereto. 

SEC.  7. — Annual  report  of  Regents  At  the  close  of  each 
fiscal  year,  the  Regents,  through  their  President,  shall  make  a 
report  in  detail  to  the  Governor,  exhibiting  the  progress,  condi- 
tions and  wants  of  the  University,  the  Course  of  Study,  the  num- 
ber of  professors  and  students,  the  amount  of  receipts  and  dis- 
bursements, together  with  the  nature,  costs  and  results  of  all  im- 
portant investigations  and  experiments,  and  such  other  inform- 
ation as  they  may  deem  important. 

SEC.  8. — Duties  of  the  President.  The  President  of  the  Uni- 
versity shall  be  President  of  the  Faculty  or  of  the  several  facul- 
ties as  they  may  be  hereafter  established  and  the  executive  head 
of  the  instructional  force  in  all  its  departments;  as  such,  he  shall 
have  authority,  subject,  to  the  Board  of  Regents,  to  give  general 
direction  to  the  instruction  and  scientific  investigation  of  the 
University,  and  so  long  as  the  interests  of  the  institution  require 
it,  he  shall  be  charged  with  the  duties  of  one  of  the  professor- 
ships. 


;vS  GENERAL  SCHOOL  LAWS 

SEC.  9. —  G  vernment  of  the  University.  The  immediate 
government  of  the  University  shall  be  entrusted  to  the  Faculty  7 
but  the  Regents  shall  have  the  power  to  regulate  the  Course  of  In- 
struction and  prescribe  the  books  or  works  to  be  used  in  the  sev- 
eral courses,  and  also  to  confer  such  degrees  and  grant  such  di- 
plomas as  are  usual  in  universities,  or  as  they  shall  deem  appro- 
priate, and  to  confer  upon  the  Faculty  by  by-laws  the  power  to 
suspend  or  expel  students  for  misconduct  or  other  cause  pre- 
scribed by  such  by-laws. 

SEC.  10. — Object  of  the  University.  The  object  of  the  Uni- 
versity of  Idaho  shall  be  to  provide  the  means  of  acquiring  a 
thorough  knowledge  of  the  various  branches  of  learning  con- 
nected with  scientific,  industrial  and  professional  pursuits,  and 
to  this  end  it  shall  consist  of  the  following  colleges-  or  depart- 
ments, to- wit: 

FIRST,     The  college  or  department  of  arts. 

SECOND.     The  college  or  department  of  letters. 

THIRD,     The  professional  or  other  colleges  or  departments  as 
may  from  time  to  time  be  added  thereto  or  connected  therewith, 

SEC.  11. — Courses  of  Instruction.  The  college  or  depart- 
ment of  arts  shall  embrace  courses  of  instruction  in  mathemate- 
eal,  physical  and  natural  sciences,  with  their  application  to  the 
industrial  arts,  such  as  agricultural,  mechanics,  engineering, 
mining  and  metallurgy,  manufacturers,  architecture  and  com- 
merce in  such  branches  included  in  the  college  of  letters  as  shall 
be  necessary  to  a  proper  fitness  of  the  pupils  in  the  scientific  and 
practical  courses  for  their  chosen  pursuits  ;  and,  as  soon  as  the 
income  of  the  University  will  allow,  in  such  order  as  the  wants 
of  the  public  shall  seem  to  require,  the  said  course  in  the  sciences 
and  their  application  to  the  practical  arts  shall  be  expanded  into 
distinct  colleges  of  the  University,  each  with  its  own  faculty  and 
appropriate  title.  The  college  of  letters  shall  be  co-existent  with 
the  college  of  arts,  and  shall  embrace  a  liberal  course  of  instruc- 
tion in  language,  literature  and  physiology,  together  with  such 
courses  or  parts  of  courses  in  the  college  of  arts  as  the  Regents  of 
the  University  shall  prescribe. 

SEC.  12.  —  Who  May  be  Students.  The  University  shall 
be  open  to  female  as  well  as  male  students,  under  such  regula- 
tions and  restrictions  as  the  Board  of  Regents  may  deem  proper. 

SEC.  13.  —  Tuition.  No  student  who  shall  have  been  a 
resident  of  the  State  for  one  year  next  preceding  his  admission 
shall  be  required  to  pay  any  fees  for  tuition  in  the  University,  ex- 
cept in  a  professional  department  and  for  the  extra  studies.  The 
Regents  may  prescribe  rates  of  tuition  for  any  .pupil  in  a  profes- 
sional department,  or  who  shall  not  have  been  a  resident  as 
aforesaid,  and  for  teaching  extra  studies. 

SEC.  14. — Board  of  Reaents — Organization.  The  Board  of 
Regents  herein  provided  for  shall  be  appointed  immediately  after 
this  act  becomes  a  law  ;  and  within  ninety  days  after  the  ap- 
pointment of  said  Regents  the  Board  shall  meet  at  Boise  City  and 


OF  THE  STATE  OF  IDAHO  33 

•elect  a  President,  Secretary  and  Treasurer  thereof,  and  shall  at 
«aid  meeting  adopt  by-laws  for  the  government  of  said  Board  and 
the  officers  chosen  by  virtue  of  this  act. 

SEC.  15. — Special  Appropriations. —  How  Expended.  The 
sum  of  Fifteen  Thousand  Dollars  is  hereby  appropriated  out  of 
iiny  money  in  the  state  treasury  of  Idaho,  not  otherwise  appro- 
priated, and  the  State  Auditor  is  hereby  authorized  to  draw  his 
warrant  on  the  State  Treasurer  for  said  amount,  and  the  State 
Treasurer  is  hereby  directed  and  commanded  to  pay  the  same,  as 
hereinafter  provided,  which  money  shall  be  expended  for  the  fol- 
lowing purposes,  to  wit: 

FIRST.  The  purchase  of  a  site  or  grounds  for  said  Uni- 
versity, said  location  to  consist  of  not  less  than  ten  nor  more 
than  twenty  acres  of  ground,  and  for  the  improvement  of  the 
same,  and  for  keeping  the  same  in  repair. 

SECOND,  To  advertise  for  and  obtain  plans  and  specifica- 
tions for  a  University  building  under  such  rules  and  regulations 
as  the  Board  may  impose, 

THIRD.  For  the  payment  of  the  necessary  expense  of  said 
Board,  as  hereinafter  provided. 

SEC.  16. — Executive  Committee.  The  President  and  Secre- 
tary ex-officio,  and  one  member  of  the  Board  to  be  appointed  by 
the  President  thereof,  shall  constitute  an  Executive  Committee  of 
said  Board,  whose  duties  shall  be  prescribed  by  the  by-laws  of 
the  Board. 

SEC.  17. —  Transfer  of  Appropriations.  Upon  executing  and 
filing  with  the  State  Treasurer  a  good  and  sufficient  bond,  in 
whatever  sum  the  Board  of  Regents  shall  direct,  provided  said 
bond  shall  have  been  first  approved  by  the  State  Attorney  Gen- 
eral, the  State  Treasurer  shall  pay  over  to  the  Treasurer  of  the 
Board  the  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as 
may  be  available;  and  in  the  event  said  sum  is  not  paid  in  full 
upon  the  execution  and  delivery  of  said  bond  as  aforesaid,  then 
the  remainder  of  said  bond  shall  be  transferred  to  the  Treasurer 
of  said  Board  as  speedily  as  the  fund  shall  accumulate  therefor. 

SEC.  18. — Expenditure  of  Funds.  The  Treasurer  of  said 
Board  shall,  out  of  any  moneys  in  his  hands  belonging  to  said 
Board,  pay  all  orders  drawn  upon  him  by  the  President  and 
Secretary  thereof,  when  accompanied  by  vouchers  fully  explaining 
the  character  of  the  expenditure,  and  the  books  and  account  of 
the  Treasurer  shall  at  all  times  be  open  to  the  inspection  of  the 
Board.  The  Treasurer  shall  make  an  annual  report  to  the  Pres- 
ident of  the  Board  of  all  transactions  connected  with  the  duties 
of  his  office. 

SEC.  19. —  University  Tax  Levy.  There  shall  be  levied  and  col- 
lected annually  a  State  tax  of  three-quarters  of  a  mill  for  each  dollar 
of  the  assessed  valuation  of  taxable  property  of  the  State  of  Idaho, 
which  amount,  when  so  levied  and  collected,  shall  be  appropriated 
to  a  University  Building  Fund,  to  remain  in  the  treasury  subject 
to  ,the  order  of  the  Board  of  Regents;  but  in  no  event  shall 


40  GENERAL  SCHOOL  LAWS 

said  Board  appropriate  the  fund  thus  collected,  or  any  portion 
thereof,  to  any  purpose  other  than  that  for  which  said  fund  was 
provided:  and,  Provided,  further,  That  said  tax  shall  not  be 
levied  and  collected  for  a  longer  period  than  four  years  from  the 
date  hereof. — [As  amended  by  the  act  of  1891.] 

SEC.  20. — Regents — Compensation,  for  Expenses.  The  Re- 
gents shall  receive  the  actual  amount  of  their  expense  in  travel- 
ing to  and  from  and  in  attendance  upon  all  meetings  of  the 
Board,  or  incurred  in  the  performance  of  any  duty  in  pursuance 
of  any  direction  of  the  Board;  accounts  of  such  expenses  shall  be 
duly  authenticated  and  audited  by  the  Board  and  be  paid  on 
their  order  by  the  Treasurer  out  of  any  funds  belonging  to  the 
University  not  otherwise  appropriated;  no  Regent  shall  receive 
any  pay,  mileage  or  per  diem  except  as  above  prescribed. 

SEC.  21. — Date  of  Passaue  and  Approval.  This  Act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  January  30,  1889. 


An  Act  to  Provide  for  the  Issue  of  State  Bonds  for  the  Construction,  Improve- 
ment and  Furnishing  of  the  Public  Buildings  of  the  State,  and  the 
Improvement  of  the  Grounds  Adjacent  Thereto,  and 
Creating  a  Sinking  Fund  and  Providing 
for  Its  Investment. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Idaho; 

SECTION  1.  That  for  the  purpose  of  providing  money  for 
the  finishing  and  furnishing  the  State  University  of  Idaho,"  im- 
proving the  Idaho  State  Penitentiary,  building  and  furnishing  a 
hospital  and  other  improvements  for  the  Soldiers'  Home,  and  re- 
pairing and  improving  the  Capitol  building,  a  loan  of  Forty-nine 
Thousand  ($49,000)  dollars  is  hereby  authorized  to  be  negotiated 
by  a  Board,  consisting  of  the  .Governor,  Treasurer,  Secretary  of 
State  and  Attorney  General  of  the  State  of  Idaho,  on  the  faith 
and  credit  of  the  State  of  Idaho.  The  Treasurer  of  the  State  is 
hereby  authorized,  empowered  and  directed  immediately  on  the 
passage  of  this  act  to  issue  forty-nine  (49)  bonds  of  the 'State  of 
Idaho,  to  be  known  as  Idaho  Improvement  Bonds,  in  the  sum  of 
One  Thousand  ($1000)  Dollars  each,  payable  in  twenty  years 
from  the  date  of  their  issuance,  to  bear  interest  at  the  rate  of  five 
(5)  per  cent,  per  annum,  payable  semi-annually  on  the  first  day 
of  January  and  July  of  each  year,  at  a  bank  in"  the  city  of  New 
York  to  be  selected  by  the  State  Treasurer  ;  Provided,  that  said 
bonds  shall  be  redeemable  at  the  option  of  the  State  of  Idaho  at 
any  time  after  the  expiration  of  ten  years  from  their  date  of  is- 
euacne,  and  said  bonds  shall  be  plainly  numbered  from  one  (1) 
to  forty-nine  (49)  consecutively.  Provided,  that  the  State  Board 
of  Land  Commissioners  is  hereby  authorized  and  directed  to  in- 
vest any  and  all  moneys  in  the  General  School  Fund  of  the  State 
in  the  bonds  authorized  by  this  act,  at  their  par  value  ;  the  re- 
mainder of  the  issue  to  be  negotiated  by  sale  to  the  highest  re- 
sponsible bidder. 

SEC.  2     The  State  Treasurer  is  hereby  authorized,  empow- 


OF  r  H  E  S  "A  T  E  0  F  I D  A II  .3  11 

<ered  and  directed  to  cause  to  be  printed  or  lithographed  suitable 
bonds  in  proper  form,  with  coupons  attached,  for  the  purpose  of 
this  act  All  such  bonds  shall  be  signed  by  the  Secretary  of 
State  with  his  own  proper  name,  affixing  his  official  character, 
and  shall.be  authenticated  by  the  great  seal  of  the  State,  and 
shall  also  be  signed  or  endorsed  by  the  Governor  of  the  State 
with  his  own  proper  name,  affixing  his  official  character,  and 
shall  then  be  delivered  by  the  Secretary  of  State  to  the  Auditor, 
who  shall  make  and  keep  a  register  of  such  bonds,  showing  the 
number  and  amount  of  each  bond,  and  then  deliver  the  said 
bonds  to  the  State  Treasurer,  and  charge  the  State  Treasurer  on 
the  books  of  the  Auditor's  office  with  the  full  amount  of  such 
bonds. 

SEC.  3.  At  the  time  of  issuing  of  said  bonds  under  the 
provisions  of  this  Act,  the  State  Treasurer  shall  sign  them  with 
his  own  proper  name,  affixing  his  official  character,  and  shall  in 
like  manner  sign  the  coupons  thereunto  attached,  and  such  sign- 
ing shall  bind  the  State.  The  coupons  for  the  payment  of  interest 
shall  be  attached  to  said  bonds  in  such  manner  that  they  may  be 
taken  off,  without  injuring  or  mutilating  the  bonds,  and  sball  be 
severally  numbered  from  one  (1)  to  forty-nine  (49),  inclusive, 
•each  bearing  the  corresponding  number  of  the  bond  to  which  it  is 
attached.  The  Treasurer  shall  keep  a  register  of  all  the  bonds 
issued  by  him,  showing  the  date  of  issuance,  and  shall  deliver 
said  bonds,  with  coupons  attached  as  aforesaid,  to  the  purchaser 
or  purchasers  upon  the  receipt  of  the  purchase  money  therefor; 
and  the  money  received  from  the  sale  of  said  bonds  shall  be  by 
said  Treasurer  placed  in  certain  funds  hereinafter  named,  as  here- 
inafter provided,  none  of  said  bonds,  .however,  shall  be  sold  for 
less  than  their  face  or  par  value.  The  expense  of  printing  or 
lithographing  and  procuring  said  bonds  with  coupons  attached 
shall  be  paid  out  of  tli3  fund  arising  from  tha  sale  of  th.3  bonds,  a 
proportionate  amount  being  paid  from  each  fund  hereinafter 
provided. 

SEC.  4.  For  the  purpose  of  creating  a  fund  to  pay  the 
interest  coupons  and  the  principal  of  said  bonds,  the  State  Treas- 
urer is  hereby  empowered  and  directed,  from  and  after  the  passage 
of  this  Act,  to  set  apart  one-half  of  all  moneys  that  shall  be  re- 
ceived by  him  on  account  of  licenses  of  every  kind  and  descrip- 
tion collected  under  the  revenue  laws  of  the  State,  and  the  same 
shall  constitute  a  separate  and  distinct  fund,  to  be  known  as  the 
State  Improvement  Fund.  And  the  State  Treasurer  shall  pay 
the  interest  on  said  bonds,  when  due,  out  of  said  fund,  taking  the 
coupons  as  his  vouchers  therefor.  And  after  the  expiration  of 
ten  (10)  years  from  the  issuance  of  any  of  said  bonds,  whenever 
there  shall  be  five  thousand  ($5000)  dollars  or  more  in  said  fund, 
provided  for  in  this  section,  over  and  above  the  amount  required 
for  the  payment  of  interest  coupons  due,  or  to  become  due  within 
the  next  ensuing  six  months,  the  Treasurer  shall  use  such  surplus 
money  in  the  redemption  of  said  bonds  according  to  the  number 
and  date  of  their  issue,  of  which  the  Treasurer  shall  give  notice 


42  GENERAL  SCHOOL  LAWS 

by  publication  once  in  a  week  in  some  newspaper  published  in 
the  county  of  Ada,  and  from  the  date  of  the  last  publication  of 
such  notice,  the  bonds  proposed  to  be  redeemed  shall  cease  to 
draw  interest;  and  if  any  such  bonds  shall  not  be  presented  with- 
in sixty  days  from  the  date  of  the  last  publication  of  such  notice, 
the  Treasurer  shall  apply  the  money  for  the  redemption  of  bonds 
next  in  order  of  the  number  and  date  of  their  issue. 

SEC.  5.  If  at  any  time  there  shall  not  be  sufficient  moneys 
in  said  State  Improvement  Fund  to  pay  the  interest  coupons  or  the 
principal  of  such  bonds  when  due,  the  State  Treasurer  shall  pay 
the  same  out  of  the  General  Fund  of  the  State,  and  shall  replace 
the  amount  so  paid  out  of  the  fund  last  named  whenever  moneys 
derived  from  licenses  shall  be  received. 

SEC.  6.  At  any  time  prior  to  the  time  when  the  bonds 
provided  in  Section  one  [1]  of  this  act  shall  become  subject  to  re- 
demption, as  provided  by  this  act,  the  amount  of  money  in  tin- 
Sinking  Fund  provided  for  by  Section  four  (4)  of  this  act  shall 
•exceed  the  amount  required  for  the  payment  of  interest  coupons 
of  such  bonds  due,  or  to  become  due  within  the  next  ensuing 
twelve  months,  the  State  Treasurer  shall  use  such  surplus  in 
payment  of  any  warrant  drawn  upon  him  by  the  State  Auditor. 
and  presented  for  payment  and  not  paid  for  want  of  money  in 
the  fund  upon  which  they  are  drawn  properly  applicable  thereto, 
and  shall  register  and  endorse  such  warrants,  as  provided  by 
Section  two  hundred  and  thirty-eight  (238)  of  the  Revised  Stat- 
utes, and  place  the  same,  so  endorsed,  to  the  credit  of  the  Sinking 
Fund  aforesaid;  and  such  warrants  shall  bear  interest  and  be 
payable  in  due  course  as  other  outstanding  warrants,  and.  when 
paid,  the  interest  and  principal  thereof  shall  belong  to  the  Sink- 
ing Fund  aforesaid,  and  shall  be  in  like  manner  reinvested  until 
said  bonds  become  redeemable  as  aforesaid. 

SEC.  7.  When  the  money  arising  from  the  sale  of  said  im- 
provement bonds  is  received  by  the  State  Treasurer,  he  shall  no- 
tify the  State  Auditor  of  the  amount  of  money  so  received,  and 
the  State  Auditor  shall  thereupon  credit  the  Treasurer's  account 
with  the  amount  of  bonds  sold  and  proceed  to  apportion  the 
money  so  received  to  the  funds  following  which  are  hereby  ere- 
-ated,  to- wit:  Fourteen  thousand  ($14,000)  dollars  to  the  Univer- 
sity Improvement  Fund,  and  twenty-six  thousand  ($26,000)  dol- 
lars to  the  Penitentiary  Improvement  Fund,  and  three  thousand 
($3,000)  dollars  to  the  Soldiers'  Improvement  Fund,  and  six 
thousand  ($6,000)  dollars  to  the  Capitol  Building  Improvement 
Fund.  Should  such  bonds  be  sold  for  more  than  their  face  or  par 
value,  the  premium  thereon  shall  be  apportioned  to  the  funds  by 
this  section  created  in  proportional  amounts. 

SEC.  8.  All  moneys  paid  or  to  be  paid  into  the  funds 
above  described  [Section  7,]  are  hereby  appropriated  for  the  uses 
and  purposes  in  this  Act  provided.  Fourteen  thousand  [$14,000] 
dollars  shall  be  paid  out  for  expenses  incurred  in  finishing  and 
furnishing  the  State  University  of  Idaho.  Twenty-Fix  thousand 


OF  '1I1E  STATE  OF  IDAHO.  A3 

($26,000)  dollars  shall  be  paid  out  for  expenses  incurred  in  im- 
proving the  Idaho  State  Penitentiary,  and  three  thousand  ($3,000) 
dollars  shall  be  paid  out  for  expenses  incurred  in  building  and 
furnishing  a  hospital  and  improving  the  Soldiers'  Home,  and  Six 
thousand  ($6,000)  dollars  shall  be  paid  for  expenses  incurred  in 
repairs  and  improving  the  Capitol  building. 

SEC.  9.  No  contract  or  award  or  understanding  for  repairs 
or  improvements  for  the  different  institutions  mentioned  in  this 
Act  shall  be  made  or  entered  into  by  the  various  governing 
Boards  of  the  institutions  herein  mentioned,  unless  the  same  shall 
have  been  submitted  to  and  approved  by  the  Chairman  of  the 
State  Board  of  Examiners,  and  at  least  one  of  the  other  members 
of  said  Board  of  Examiners. 

SEC.  10.  Moneys  in  the  University  Improvement  Fund,  the 
Penitentiary  Improvement  Fund,  the  Soldiers'  Home  Improve- 
ment Fund,  and  the  Capitol  Building  Improvement  Fund,  shall 
be  drawn  therefrom  only  upon  warrants  issued  by  the  State  Aud- 
itor upon  certificates  signed  by  the  Secretary  and  President,  or 
Secretary  and  Chairman,  of  the  several  Boards  of  Regents,  or 
Commissioners,  or  Trustees,  of  the  different  institutions,  duly  ap- 
proved by  the  State  Board  of  Examiners. 

SEC.  11.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage,  an  emergency  existing  therefor. 

Approved,  March  9,  1899. 

CHAPTER  XXI.— LEWISTON  STATE  NORMAL  SCHOOL. 
SECTION.  1. — Location — Purpose  of  (School — Proviso.  That 
a  Normal  School  for  the  State  of  Idaho  is  hereby  established  in 
the  city  of  Lewiston,  in  the  County  of  Nez  Perce,  to  be  called  the 
"Lewiston  State  Normal  School,"  the  purpose  of  which  shall  be 
for  training  and  educating  teachers  in  the  art  of  instruction  and 
governing  in  the  public  schools  of  this  State,  and  of  teaching  the 
various  branches  that  pertain  to  a  good  common  school  education: 
Provided,  That  the  Mayor  and  city  council  of  the  said  city  of 
Lewiston  shall  prior  to  the  fijrst  day  of  May,  eighteen  hundred 
and  ninety-three,  donate  to  the  Board  of  Trustees  hereinafter 
named,  as  a  site  for  the  use  of  the  said  Lewiston  State  Normal 
School,  ten  acres  of  land,  within  the  limits  of  the  said  city  of 
Lewiston,  known  and  described  as  a  part  of  the  City  Park  of 
Lewiston,  and  shall  convey  the  same  by  a  good  and  perfect  title 
in  fee  simple  to  said  Board  of  Trustees,  who  are  hereby  authorized 
and  empowered  to  receive  and  hold  the  same,  and  the  title  there- 
to, in  trust  and  for  the  use  of  the  Lewiston  State  Normal  School. 
And  the  Mayor  and  city  council  of  the  said  city  of  Lewiston  are 
hereby  authorized  and  empowered  to  convey  said  site  of  ten 
acres  to  the  said  Board  of  Trustees  as  aforesaid. 

SEC.  2.  The  said  Lewiston  State  Normal  School  shall  be 
under  the  direction  of  a  Board  of  Trustees  to  be  known  as  "The 
Board  of  Trustees  of  the  Lewiston  State  Normal  School."  The 
said  Board  of  Trustees  shall  consist  of  six  members,  to-wit:  B. 


44  GENERAL  SCHOOL  LAWS 

F.  Morris  and  C.  W.  Shaff,  who  shall  bold  their  terms  of  office* 
until  January  27,  A.  D.,  1901;  Jno.  P.  \Tollmer  and  Geo.  E.  Erb., 
who  shall  hold  their  terms  of  office  until  January  27r  A.  D., 
1903;  and  James  W.  Reid  and  James  W.  Poe,  who  shall  hold 
their  terms  of  office  until  January  27  A.D.,  1905,  and  their  successors 
shall  be  appointed  for  the  term  of  six  years  by  the  GoYernor  of  the- 
State  of  Idaho,  by  and  with  the  advice  and  consent  of  the  Senate, 
Before  entering  upon  the  duties  of  his  office,  each  of  said  Trustees' 
shall  take  and  subscribe  an  oath  or  affirmation  before  some  per- 
son duly  authorized  to  administer  the  same,  that  he  will  support 
the  constitution  of  the  United  States  and  the  State  of  Idaho,  and 
will  faithfully  and  impartially  discharge  the  duties  of  the  office  of 
Trustee  of  the  Lewiston  State  Normal  School,  which  oath  or 
affirmation  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

SEC.  3. — Organization — Quorum — Etc.  The  said  Board  of 
Trustees  may  conduct  its  proceedings  in  such  manner  as  will  best 
conduce  to  the  proper  dispatch  of  business.  A  majority  of  the 
Board  of  Trustee*  shall  constitute  a  quorum  for  the  transaction  of 
business  but  a  less  number  may  adjourn  from  time  to  time.  No 
member  of  said  Board  of  Trustees  shall  participate  in  any  pro- 
ceedings in  which  he  has  any  pecuniary  interest.  Every  vote  and 
official  act  of  the  said  Board  of  Trustees  shall  be  entered  on 
record.  Said  Board  of  Trustees  shall  have  an  official  seal, -which 
shall  be  judicially  noticed.  Said  Board  of  Trustees  may  sue  and 
be  sued.  No  Vacancy  in  the  Board  of  Trustees  shall  impare  the 
right  of  the  remaining  Trustees  to  exercise  all  the  powers  of  the 
said  Board  of  Trustees.  At  their  first  meeting,  and  annually 
thereafter,  the  said  Board  of  Trustees  shall  elect  from  their  num- 
ber a  President  and  a  secretary.  The  State  Treasurer  shall  be 
ex-officio  Treasurer  of  the  said  Board  of  Trustees.  It  shall  be  the 
duty  of  the  Secretary  to  keep  an  exact  and  detailed  account  of 
the  doings  of  said  Board,  and  itemized  account  of  all  expenditures 
authorized  by  said  Board. 

SEC.  4. — General  Powers  and  Duties  oj  Trustees.  The  said 
Board  of  Trustees  are  hereby  authorized,  and  it  is  made  their 
duty,  to  take  and  at  all  times  to  have  general  supervision  and 
control  of  all  buildings  and  property  appertaining  to  said  Normal 
School,  and  to  have  general  charge  and  control  of  the  construction 
of  all  buildings  to  be  built.  They  shall  have  power  to  let  con- 
tracts for  buildings  and  completion  of  any  such  buildings,  and  the 
entire  supervision  of  their  construction. 

SEC.  5. — Funds — How  Expended — Proviso.  One  half  of  all 
funds  appropriated  for  the  use  and  benefit  of  Normal  Schools  in 
the  State  of  Idaho,  for  the  establishment  and  maintenance  of 
State  Normal  Schools,  shall  be  under  the  direction  and  control 
of  said  Board  of  Trustees  subject  to  the  provisions  herein  con- 
tained. The  Treasurer  of  the  Board  shall  pay  out  of  such  funds 
all  orders  or  drafts  for  money  to  be  expended  under  the  provisions 
of  this  Act.  Such  orders  or  drafts  to  be  drawn  by  the  State 
Auditor  on  certificates  of  the  Secretary  countersigned  by  the 
President  of  the  said  Board  of  Trustees.  No  such  certificates 


OF  THE   STATE  OF  IDAHO.  4o 

shall  be  given  except  upon  accounts  audited  and  allowed  by  said 
Board:  Provided.  The  Board  of  Trustees  of  said  Lewiston  State 
Normal  School  may  use  all  the  funds  in  the  State  treasury  arising 
from  the  sale  of  any  part  of  said  lands,  until  such  time  as  another 
State  Normal  School  shall  be  established:  and,  Provided,  further, 
Not  more  than  fift^i  thousand(  50,000)  acres  of  said  lands  shall 
ever  be  sold  for  said  pupose  of  establishing  and  maintaining  the 
Lewiston  State  Normal  School,  and  said  Board  of  Trustees  shall 
never  use  more  of  said  funds  than  necessary  for  the  purpose  of 
carrying  out  the  provisions  of  this  act. 

SEC.  6. — Regular  Meetings.  The  Board  of  Trustees  shall 
hold  two  regular  meetings  annually  at  the  said  city  of  Lewiston, 
but  special  meetings  may  be  called  by  the  President  of  the  Board 
by  sending  written  notice  at  least  ten  days  before  such  meeting  to 
each  member. 

SEC.  7. — Election  of  Teachers — Salaries — Removals.  The 
Board  of  Trustees  shall  have  power  to  elect  a  principal  and  other 
teachers  that  may  be  deemed  necessary,  to  fix  the  salaries  of  the 
same  and  to  prescribe  their  duties.  They  shall  have  power  to  re- 
move either  the  principal,  assistant  or  teachers  and  appoint  others 
in  their  stead. 

SEC.  8. — Course  of  Study.  It  shall  be  the  duty  of  the 
Board  of  Trustees  to  prescribe  the  Course  of  Study,  and  the  time 
and  standard  of  graduation,  and  to  issue  such  certificates  and 
diplomas  as  may  from  time  to  time  be  deemed  ^suitable.  These 
certificates  and  diplomas  shall  entitle  the  holder  to  teach  in  the 
public  schools  of  any  county  in  the  State  for  the  time  and  in  the 
grade  specified  in  the  certificate  or  diploma. 

SEC.  9. — Text  Books,  Apparatus  and  Furniture.  The  Board 
of  Trustees  shall  prescribe  the  text  books,  apparatus  and  furni- 
ture, and  provide  the  same  together  with  all  necessary  stationery 
for  the  use  of  the  pupils. 

SEC.  10. — Training  or  Model  Schools.  The  Board  of  Trustees 
shall,  when  deemed  expedient,  establish  and  maintain  a  training 
or  model  school  or  schools;  in  which  the  pupils  of  the  Normal 
School  shall  be  required  to  instruct  classes  under  the  supervision 
and  direction  of  experienced  teachers. 

SEC.  11. — Rules  and  Regulations.  The  Board  of  Trustees 
shall  ordain  such  rules  and  regulations  for  the  admission  of  pu- 
pils to  said  Normal  School  as  they  shall  deem  necessary  and 
proper.  All  classes  may  be  admitted  into  the  said  Normal 
School  who  are  admitted  without  restriction  into  the  public 
schools  of  the  State.  Provided,  The  applicant,  if  a  male,  must  be 
not  less  than  sixteen  years  of  age,  or  if  a  female,  not  less  than 
fifteen  years  of  age.  Applicants  must  also  present  letters  of  rec- 
ommendation from  the  County  Superintendent  of  Public  Instruc- 
tion of  the  county  in  which  they  reside,  certifying  to  their  good 
moral  character,  and  their  fitness  to  enter  the  Normal  School. 
Before  entering  all  applicants  must  sign  the  following  declaration: 
"We  hereby  declare  that  our  purpose  in  entering  the  Lewiston 


4-i  G'K'N  K  It  A  L  8  J  i-rOG"L  iL  V.  VTS' 

State  Normal  School  is  to  fit  ourselves  for  the  profession  of  teacfr- 
ing,  and  that  it  is  our  intention  to  engage  in  teaching  in  the  pub- 
lic schools  of  this  State." 

SEC.  12. — Non-Resident  PcpiLi.  Pupils  from  other  States- 
and  territories-  may  be  admitted  to  all  the  privileges  of  the  said 
Normal  School,  on  presenting  letters  of  recommendation  from  the- 
Executive  or  State  School  Superintendent^thereof,  and  the  pay- 
ment of  one  hundred  dollars.  Pupils  from  other  states  shall  not 
l>e  required  to  sign  the  declaration  named  in  the  foregoing  section. 

SEC,  13. — Lectures  in  Sciences  and  Arts.  Lectures  in  chem- 
istry, comparative  anatomy,  agricultural  chemistry,  and  any 
other  science  or  any  other  branch  of  literature  that  the  Board  of 
Trustees  may  direct,  may  be  delivered  to  those  attending  such 
school  in  such  manner  and  on  such  conditions  as  the  Board  of 
Trustees  may  prescribe. 

SEC.  14. —  Traveling  and  Necessary  Expenses  of  Trustees. 
The  actual  and  necessary  personal  expenses  incurred  by  the  mem- 
bers of  said  Board  of  Trustees,  in  carrying  out  the  provisions  of 
this  act,  shall  be  paid  on  the  proper  certificate  out  of  any  fundy 
belonging  to  said  Normal  School  in  the  hands  of  the  Treasurer. 

SEC.  15. —  Vacancies  on  Board  of  Trustees  It  shall  be  the 
duty  of  the  Governor  of  the  State  to  fill  by  appointme-nt  all  vacan- 
cies" that  may,  from  any  cause,  occur  in  the  said  Board  of  Trustees. 

SEC.  16-. — Annual  Report.  The  President  and  Secretary  of 
the  Board  of  Trustees  shall  on  the  first  day  of  January  of  each 
year,  transmit  to  the  Governor  of  the  State,  a  full  report  of  the 
doings  of  the  said  Board  of  Trustees,  the  progress  and  condition 
of  said  Normal  School,  together  with  a  full  report  of  the-  expend- 
itures of  the  same  for  the  previous  year,  setting  forth  each  item 
in  full,  and  the  date  thereof  and  such  recommendations  as  they 
deem  proper  for  the  good  of  said  Normal  School. 

SEC.  17. — School  Discipline.  The  Board  of  Trustees  in  their 
regulations,  and  the  Principal  and  assistants  in  their  supervision 
and  government  of  said  school,  shall  exercise  a  watchful  guard- 
ianship over  the  morals  of  the  pupils  at  all  times  during  their  at- 
tendance upon  the  same,  but  no  religious  or  sectarian  tests  si i all 
be  applied  in  the  selection  of  teachers,  and  none  shall  be  adopted 
in  said  school. 

Approved,  Feb.  7,  1899, 

CHAPTER  XIL— LEWISTON  STATE  NORMAL  SCHOOL. 

An  Act  Providing  for  the  Issue  of  State  Bonds  for  the   Purchase  of  Chemicals 

and  Chemical  and  Physical  Apparatus,  and  for  the  Erection  of  two 

Dormitories  for  the  Lewiston  State  Normal  School,  and 

Prescribing  how  the  Proceeds  of  the  Sale  of 

such  Bonds  shall  be  Expended* 

Be  it  Enacted  by  the  Legislatue  of  the  State  of  Idaho: 

SECTION.  1.  That  for  the  purpose  of  providing  money  for 
chemicals  and  chemical  and  physical  apparatus,  and  for  the 
erection  of  two  dormitories  for  the  Lewiston  State  Normal  School, 


()P  THE  STATE  OF  IDAHO. 

located  at  Lewiston,  in  Nez  Perce  County.  State  of  Idaho,  a  loan 
of  Seven  Thousand  Five  Hundred  (7,500)  Dollars  is  hereby  au- 
thorized to  be  negotiated  by  a  Board  consisting  of  Governor, 
Treasurer,  Secretary  of  State  and  Attorney  General,  of  the  State 
of  Idaho  on  the  faith  and  credit  of  the  State  of  Idaho,  and 
secured  by  the  proceeds  of  the  sale  of  State  Normal  School  lands 
and  the  timber  thereon  as  hereinafter  provided. 

SEC.  2.  The  Treasurer  of  the  State  is  hereby  authorized, 
empowered  and  directed  immediately  upon  the  passage  of  this 
Act,  to  issue  fifteen  (15)  bonds  of  the  State  of  Idaho,  to  be  known 
•as  Idaho  Lewiston  State  Normal  School  Bonds,  in  the  sum  of 
Five  Hundred  (500)  Dollars  each,  payable  in  twenty  (20)  years 
from  the  date  of  their  issuance,  to  bear  interest  at  the  rate  of  five 
per  cent,  per  annum,  payable  semi-annually  on  the  first  days  of 
January  and  July  of  each  year  at  a  bank  in  the  city  of  New  York 
to  be  selected  by  the  State  Treasurer;  said  bonds  however  to  Ir- 
redeemable at  the  option  of  the  State  of  Idaho,  at  any  time  at  the 
expiration  of  ten  (10)  years  from  the  date  of  their  issuance,  and 
-•said  bonds  shall.be  plain  I}7  numbered  from  one  to  fifteen  (15) 
consecutively. 

SEC.  o.  The  State  Treasurer  is  hereby  further  authorized, 
empowered  and  directed,  to  cause  to  be  printed  or  lithographed, 
suitable  bonds,  in  proper  form,  with  coupons  attached,  for  the 
purposes  of  this  Act.  All  such  bonds  shall  be  signed  by  the  Sec- 
retary of  State  with  his  own  proper  name,  affixing  his  official 
character,  and  shall  be  authenticated  by  the  Great  Seal  of  the 
State,  and  shall  also  be  signed  or  endorsed  by  the  Governor  of  the 
State  with  his  own  proper  name,  affixing  his  official  character, 
and  shall  then  be  delivered  by  the  Secretary  of  State  to  the  State 
Auditor,  who  shall  make  and  keep  a  register  of  such  bonds,  show- 
ing the  number  and  amount  of  each  bond,  and  then  deliver  the 
said  bonds  to  the  State  Treasurer,  and  charge  the  State  Treasurer 
on  the  books  of  the  Auditor's  office  with  the  full  amount  of  each 
bond. 

SEC,  4.  At  the  time  of  issuing  said  bonds  under  the  pro- 
visions of  this  Act,  the  State  Treasurer  shall  sign  them  with  his 
own  proper  name,  affixing  his  official  character,  and  shall  in  like 
manner  sign  the  coupons  thereunto  attached,  and  such  signing 
shall  bind  the  State.  The  coupons  for  the  payment  of  interest 
shall  be  attached  to  said  bonds  in  such  manner  that  they  may 
be  taken  off  without  injury  or  mutilating  the  bonds,  and  shall  be 
severally  numbered  from  one  to  forty,  inclusive,  each  bearing  the 
corresponding  number  of  the  bond  to  which  it  is  attached.  The 
Treasurer  shall  keep  a  register  of  all  the  bonds  issued  by  him 
showing  the  date  of  issuance,  and  shall  deliver  said  bonds  with 
the  coupons  attached  as  aforesaid,  to  the  purchaser  or  purchasers, 
upon  the  receipt  of  the  purchase  money  therefor;  and  the  money 
received  from  the  sale  of  said  bonds  shall  be  by  said  Treasurer 
placed  in  a  certain  fund  to  be  known  as  the  Lewiston  Normal 
School  Fund  for  chemical  and  physical  apparatus  and  the  erec- 
tion of  domitories.  none  of  said  bonds  however  shall  be  sold  for 


48  GENERAL  SCHOOL  LAWS 

less  than  their  face  or  par  value.'  The  expense  of  printing  or 
lithographing  and  procuring  said  bonds  with  coupons  attached, 
shall  be  paid  out  of  the  funds  arising  from  the  sale  of  said  bonds. 
SEC.  5.  For  the  purpose  of  securing  the  payment  of  the 
principal  of  the  bonds  provided  for  in  this  Act,  the  proceeds  of 
the  sale  of  all  the  lands,  or  of  timber  growing  thereon,  granted 
to  the  State  of  Idaho  by  the  United  States  for  State  Normal 
Schools  are  hereby  set  apart  as  a  separate  and  distinct  fund  to  be 
known  as  the  Normal  School  Sinking  Fund;  and  after  the  pay- 
ment of  the  principal  and  interest  of  the  bonds  provided  for  by 
an  Act  providing  for  the  issue  of  said  bonds  for  the  benefit  of  the 
Albion  State  Normal  School  and  the  Lewiston  State  Normal 
Schools,  and  prescribing  how  the  proceeds  of  the  sale  of  said 
bonds  shall  be  expended,  ratified  the  seventh  day  of  March,  1895; 
and  after  the  payment  of  the  said  principal  of  the  said 
bonds  provided  by  this  Act,  then  the  proceeds  of  the  sales 
of  said  land  or  timber  shall  be  paid  into  the  General  Fund 
in  the  State  treasury. until  an  amount,  equal  to  the  total  amount 
of  interest  that  has  theretofore  been  paid  out  of  said  General  Fund 
on  said  bonds,  issued  by  the  said  two  Acts  hereinbefore  named, 
less  the  amount  of  interest  that  may  have  been  paid  into  raid 
General  Fund  from  investment  of  Normal  School  Sinking  Fund 
moneys  in  State  warrants,  as  hereinafter  provided  for,  has  been 
so  paid  into  said  General  Fund.  When  the  principal  of  said 
bonds  shall  have  been  fully  paid  and  the  General  Fund  of  the 
State  reimbursed  for  interest  on  said  bonds  provided  in  said  two 
Acts  as  herein  specified,  then  and  thereafter  the  proceeds  of  the 
sales  of  such  lands  and  timber  shall  be  disposed  of,  as  may  by 
law  be  provided. 

SEC.  6.  At  any  time  after  ten  (10)  years  from  the  issuance 
of  said  bonds,  whenever  there  shall  be  ten  thousand  (10,000) 
dollars  of  said  Sinking  Fund,  the  Treasurer  of  the  State  shall 
make  a  "call"  by  publication  for  sixty  (60)  days  in  some  daily 
newspaper  in  this  State,  notifying  all  the  parties  interested  that 
certain  bonds  of  said  Normal  School  Bonds  provided  by  the  said 
two  Acts  hereinbefore  referred  to,  giving  their  numbers,  will  at  a 
certain  date  be  paid  at  the  office  of  said  Treasurer,  and  the  bonds 
so  called  shall  cease  to  bear  interest  from  and  after  the  date  in 
said  '''call"  specified. 

SEC.  7.  At  any  time  when  money  to  the  amount  of  One 
Thousand  Dollars  or  more  is  in  said  Sinking  Fund  it  is  hereby 
made  the  duty  of  the  State  Treasurer  to  invest  such  money  in 
registered  State  warrants  of  this  State,  and  in  registered  State 
warrants  only,  and  to  hold  such  warrants  until  they  are  re- 
deemed as  a  part  of  said  Sinking  Fund,  and  whenever  State  war- 
rants so  held  by  the  Treasurer  are  paid,  the  Treasurer  shall  certify 
the  amount  of  interest  that  may  have  accrued  thereon  to  the 
State  Auditor  and  the  amount  of  such  interest  shall  thereupon  be 
placed  to  the  credit  of  and  become  a  part  of  the  General  Fund  of 
the  State,  and  the  amount  of  the  principal  of  said  Sinking  Fund 
invested  in  such  warrants  shall  upon  the  redemption  of  said  war- 


\)Y  THE    STAIE  OF  IDAHO.  -fcl 

rants  he  returned  to  said  Sinking  Fund,  to  be  reinvested  in  the 
<3ame  manner:  Provided,  That  when  the  principal  pi  said  Sink- 
ing Fund  is  required  for  the  redemption  of  the  bonds  called  as 
provided  for  in  this  Act,  such  principal  shall  not  be  so  invested 
in  such  warrants. 

SEC.  8.  For  the  prompt  payment  of  the  interest  that  may 
accrue  upon  said  bonds  there  is  hereby  appropriated  for  each 
year  out  of  any  moneys  in  the  State  treasury  not  otherwise  ap- 
propriated, an  amount  equal  to  the  amount  of  said  interest  on 
said  bond?  as  the  same  may  become  due,  and  for  the  payment  of 
such  interest  when  due  the  Treasurer  of  the  State  shall  reserve 
any  and  sufficient  of  the  funds  in  his  hands,  in  preference  to  all 
other  claims  whatsoever,  except  the  interest  on  bonds  of  the  State 
heretofore  issued  pursuant  to  law. 

SEC.  9.  When  the  moneys  arising  from  the  sale  of  said 
bonds  are  received  by  the  State  Treasurer  he  shall  notify  the 
State  Auditor  of  the  amount  of  money  so  received,  and  the  State 
Auditor  shall  thereupon  credit  the  Treasurer's  account  with  the 
amount  of  bonds  sold. 

SEC.  10.  All  moneys  paid  or  to  be  paid  into  said  the  Lewiston 
State  Normal  School  Fund,  are  hereby  appropriated 'to  the  Lew- 
iston State  Normal  School  for  the  purposes  of  said  two  acts  as 
hereinbefore  stated  and  provided. 

SEC.  11.  The  moneys  in  said  Lewiston  State  Normal 
School  Fund  received  from  sale  of  bonds  issued  under  this  Act, 
and  hereinbefore  stated  and  provided,  shall  be  paid  out  for  the 
purchase  of  chemicals  and  chemical  and  physical  apparatus,  and 
for  the  erection  and  furnishing  of  the  two  dormitories  for  the 
Lewiston  State  Normal  School. 

SEC.  12.  The  moneys  in  the  said  Lewiston  State  Normal 
School  Fund,  as  hereinbefore  provided  in  this  Act,  shall  be  drawn 
therefrom  only  upon  warrants  issued  by  the  State  Auditor  upon 
certificates  of  the  Secretary  of  the  Board  of  Trustees  of  said  Lew- 
iston Normal  School,  countersigned  by  the  President  thereof,  as 
provided  in  Section  five  [5]  of  "An  Act  to  establish  a  State  Nor- 
mal School  at  Lewiston, V  etc.:  Approved  February  7,  1899,  and 
approved  by  the  State  Board  of  Examiners. 

SEC.  13.  Whereas  an  emergency  exists  therefor  this  Act 
shall  be  in  force  and  effect  from  and  after  its  passage  and  ap- 
proval. 

Became  a  law  without  Executive  Approval  March  9,  1899. 

CHAPTER  XXIII. — ALBION  STATE  NORMAL  SCHOOL. 
SECTION  1. — Location — Purpose — Proviso.  That  a  Normal 
School  for  the  State  of  Idaho  is  hereby  established  at  or  near  the 
town  of  Albion,  in  the  County  of  Cassia,  to  be  called  the  "Albion 
State  Normal  School,"  the  purpose  of  which  will  be  for  training 
and  educating  teachers  in  'the  art  of  instruction  and  governing  in 
the  public  schools  of  this  State,  and  of  teaching  the  various 
branches  that  pertain  to  a  good  common  school  education:  Pro- 


§0  GENERAL  SCHOOL  LAWS 

rided.  That  J.  E.  Miller,  of  the  said  town  of  Albion,  shall  prior 
to  the  first  day  of  May,  eighteen  hundred  and  ninety-three,  do- 
nate to  the  Board  of  Trustees  hereinafter  named,  as  a  -site  for  t he- 
use  of  the  said  Albion  State  Normal  School,  five  acres  of  Lot  3~ 
Section  6,  Township  12,  S.,  R.  25  E.,  together  with  a  permanent 
water  right  therefor  and  shall  convey  the  same  by  a  good'  and 
perfect  title  in  fee  simple  to  said  Board  of  Trustees,  who  are 
herebv  authorized  and  empowered  to  receive  and  hold  the  same,, 
and  the  title  thereto,  in  trust  and  for  the  use  of  the  said  Albion, 
State  Normal  School. 

SEC,  2.  That  a  non-partisan  Board  of  Trustees  to  be- 
known  a&  "The  Board  of  Trustees  of  the  Albion  State  Normal 
School"  consisting  of  five  members,  no  more  than  three  of  whom 
shall  be  of  the  same  political  party,  is  hereby  created  for  the 
management  and  control  of  the  Albion  State  Normal  School. 
Said  Trustees  shall  be  appointed  by  the  Governor  by  and  with 
the  advice  and  consent  of  the  Senate,  for  a  term  of  two  years  and 
until  their  successors  are  appointed  and  qualified,  and  before  en- 
tering upon  the  duties  of  their  office  each  of  said  Trustees  shall 
take  and  subscribe  an  oath  or  affirmation  that  he  will  support 
the  constitution  of  the  United  States  and  the  constitution  and 
laws  of  the  State  of  Idaho,  and  will  faithfully  and  impartially 
discharge  the  duties  of  said  office,  which  oath  or  affirmation  shall 
be  filed  in  office  of  Secretary  of  State. 

SEC.  3.  All  the  rights,  powers,  duties  and  titles  to  real  es- 
tate or  personal  property  belonging  to  or  vested  in  said  Albion 
State  Normal  School,  are  hereby  vested  in  the  Trustees  of  said 
school  herein  provided  for. 

SEC.  4. — Organization — Quorum — Etc.  The  said  Board  of 
Trustees  may  conduct  its  proceedings  in  such  manner  as  will  best 
conduce  to  the  proper  dispatch  of  business.  A  majority  of  the 
Board  of  Trustees  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  less  number  may  adjourn  from  time  to  time. 
No  member  of  said  Board  of  Trustees  shall  participate  in  any 
proceedings  in  which  he  has  any  pecuniary  interest.  Every  vote 
and  official  act  of  the  said  Board  of  Trustees  shall  be  entered  on 
record.  Said  Board  of  Trustees  shall  have  an  official  seal,  which 
shall  be  judicially  noticed.  Said  Board  of  Trustees  may  sue  and 
be  sued.  No  vacancy  in  the  Board  of  Trustees  shall  impair  the 
right  of  the  remaining  Trustees  to  exercise  all  the  powers  of  the 
said  Board  of  Trustees.  At  their  first  meeting,  and  annually 
thereafter,  the  said  Board  of  Trustees  shall  elect  from  their  num- 
ber a  President  and  a  Secretary.  The  State  Treasurer  shall  be  ex- 
officio  Treasurer  of  the  said  Board  of  Trustees.  It  shall  be  the 
duty  of  the  Secretary  to  keep  an  exact  and  detailed  account  of 
the  doings  of  said  Board,  and  an  itemized  account  of  all  expend- 
itures authorized  by  said  Board. 

SEC.  5. — General  Fowevs  and  Duties  of  Trustees.  The  said 
Board  of  Trustees  are  hereby  authorized,  and  it  is  made  their 
duty,  to  take  and  at  all  times  to  have  general  supervision  and 
control  of  all  buildings  and.N  property  appertaining  to  said  Normal 


OF  THE  STATE  OF  IDAHO  51 

School,  and  to  have  general  charge  and  control  of  the  construc- 
tion of  all  buildings  to  be  built.  They  shall  have  power  to  let 
contracts  for  buildings  and  completion  of  any  such  buildings^ 
and  the  entire  supervision  of  their  construction. 

SEC.  6. — Funds — Hew  Expended — Proviso.  All  funds  ap- 
propriated for  the  use  and  benefit  of  said  Normal  School,  -from 
every  source,  including  the  pro  rata  share  of  the  available  pro- 
ceeds of  sales  of  land,  granted  by  the  government  of  the  United 
States  to  the  State  of  Idaho,  for  the  establishment  and  mainte- 
nance of  the  State  Normal  Schools,  due  to  said  Normal  School, 
shall  be  under  the  direction  and  control  of  said  Board  of  Trustees 
subject  to  the  provision  herein  contained.  The  Treasurer  of  the 
Board  of  Trustees  shall  pay  out  of  such  funds  all  orders  or  drafts 
for  money  to  be  expended  under  the  provisions  of  this  Act.  Such 
orders  or  drafts  shall  be  drawn  by  the  State  Auditor  on  certifi- 
cates of  the  Secretary  countersigned  by  the  President  of  said 
Board  of  Trustees  and  approved  by  the  State  Board  of  Examiners, 
No  such  certificates  shall  be  given  except  on  accounts  audited 
and  allowed  by  said  Board  of  Trustees. 

SEC.  7. — Regular  Meetings.  The  Board  of  Trustees  shall 
hold  two  regular  meetings  annually,  at  the  said  town  of  Albion, 
but  special  meetings  may  be  called  by  the  President  of  the  Board 
by  sending  written  notice  at  least  ten  days  before  such  meeting  to 
each  member. 

SEC.  8. — Election  of  Teachers — Salaries — Removals.  The 
Board  of  Trustees  shall  have  power  to  elect  a  principal  and  all 
other  teachers  that  may  be  deemed  necessary,  to  fix  the  salaries 
of  the  same  and  to  prescribe  their  duties.  They  shall  have  power 
to  remove  either  the  Principal,  assistant  or  teachers  and  appoint 
others  in  their  stead. 

SEC.  9. — Course  of  Study — Value  of  Certificates.  It  shall 
be  the  duty  of  the  Board  of  Trustees  to  prescribe  the  course  of 
study,  and  the  time  and  standard  of  graduation,  and  to  issue 
such  certificates  and  diplomas  as  may  from  time  to  time  be  deemed 
suitable.  These  certificates  and  diplomas  shall  entitle  the  holders 
to  teach  in  the  public  schools  in  any  county  in  this  State  for  the 
time  and  in  the  grade  specified  in  the  certificate  or  diploma. 

SEC.  10. —  Text  Books,  Apparatus  and  Furniture.  The 
Board  of  Trustees  shall  prescribe  the  text  books,  apparatus  and 
furniture,  and  provide  the  same  together  with  all  the  necessary 
stationery  for  the  use  of  the  pupils. 

SEC.  11. — Training  or  Model  Schools.  The  Board  of  Trus- 
tees, shall,  when  deemed  expedient,  establish  and  maintain  a 
training  or  model  school  or  schools;  in  which  the  pupils  of  the 
Normal  School  shall  be  required  to  instruct  classes  under  the 
supervision  and  direction  of  experienced  teachers. 

SEC.  12. — Rules  and  Regulations.  The  Board  of  Trustees 
shall  ordain  such  rules  and  regulations  for  the  admission  of 
pupils  to  said  Normal  School  as  they  shall  deem  necessary  and 
proper.  All  classes  may  be  admitted  into  the  said  Normal  School 


f>2  GENERAL  SCHOOL  LAWS 

who  are  admitted  without  restriction  into  the  public  schools  of 
the  State:  Provided,  The  applicant,  if  a  male,  must  be  not  less 
than  sixteen  years  of  age,  or  if  a  female  not  less  than  fifteen  years 
of  age.  Applicants  must  also  present  letters  of  recommendation 
from  the  County  Superintendent  of  Public  Instruction  of  the 
county  in  which  they  reside,  certifying  to  their  good  moral  char- 
acter, and  their  fitness  to  enter  the  Normal  School.  Before  enter- 
ing all  applicants  must  sign  the  following  declaration:  "We 
hereby  declare  that  our  purpose  in  entering  the  Albion  State 
Normal  School  is  to  fit  ourselves  for  the  profession  of  teaching. 
and  that  it  is  our  intention  to  engage  in  teaching  in  the  public 
schools  of  this  State." 

SEC.  13. — N on— Resident  l*Hpih.  Pupils  from  other  States 
and  Territories  may  be  admitted  to  all  the  privileges  of  the  said 
Normal  School,  on  presenting  letters  of  recommendation  from 
the  Executive  or  State  School  Superintendent  thereof,  and  paying 
such  tuition  fee  as  the  Board  of  Trustees  may  prescribe.  Each  of 
such  pupils  must  sign  the  following  declaration:  "I  hereby  de- 
clare that  my  purpose  in  entering  the  Albion  State  Normal 
School  is  to  tit  myself  for  the  profession  of  teaching." 

SEC.  14.— Lectures  in  Sciences  and  Arts.  Lectures  in  chemis- 
try, comparative  anatomy,  mechanical  arts,  agricultural  chemistry, 
and  any  other  science  or  any  other  branch  of  literature  that  t  he  Boar<  I 
of  Trustees  may  direct,  may  be  delivered  to  those  attending  such 
school  in  such  manner  and  on  such  conditions  as  the  Board  of 
Trustees  may  prescribe. 

SEC.  15. —  Traveling  and  Necessary  Expenses  <>f  Trustees. 
The  actual  and  necessary  personal  expenses  incurred  by  the  mem- 
bers of  said  Board  of  Trustees,  in  carrying  out  the  provisions  of 
this  act,  shall  be  paid  on  the  proper  certificate  out  of  any  funds 
belonging  to  said  Normal  School  in  the  hands  of  the  Treasurer. 

SEC.  16. — -Vacancies  on  Board  of  Trustees.  It  shall  be  the 
duty  of  the  Governor  of  the  State  to  fill  by  appointment  all  vacan- 
cies that  may,  from  any  cause,  occur  in  the  said  Board  of  Trustees. 

SEC.  17. — Annn.nl  Report.  The  President  and  Secretary  of 
the  Board  of  Trustees  shall  on  the  first  days  of  January  and  July  of 
each  year,  transmit  to  the  Governor  of  the  State,  a  full  report  of  the 
doings  of  the  said  Board  of  Trustees,  the  progress  and  condition 
of  said  Normal  School,  together  with  a  full  report  of  the  expend- 
itures of  the  same  for  the  previous  six  months,  setting  forth  each 
item  of  in  full,  and  the  date  thereof  and  such  recommendations 
as  they  deem  proper  for  the  good  of  said  Normal  School. 

SEC.  18.-— School  Discipline.  The  Board  of  Trustees  in  their 
regulations,  and  the  Principal  and  assistant  in  their  supervision 
and  government  of  said  school,  shall  exercise  a  watchful  guard- 
ianship over  the  morals  of  the  pupils  at  all  times  during  their  at- 
tendance upon  the  same,  but  no  religious  or  sectarian  tests  shall 
be  applied  in  the  selection  of  teachers,  and  none  shall  be  adopted 
in  the  said  school. 

SEC.  19.  Whereas  an  emergency  exists  therefor  this  Act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved,  February  14, 1899. 


OF  THE  STATE  OF  IDATO. 


INDEX. 


Chapter.    Section 

Adjournment  of  schools  .................................  „  .......  8  9 

Age,  school,  defined,  ...............  ________  ......  ____  8  6 

Age,  teachers'  .......................................................  .  ..........................  ...^.  3  # 

•Albion  State  Normal  School  ...................  ..  ........  ..„...!  28 

Amendment,  constitutional- 

Investment  of  public  school  funds...,.  .............  ......  ..........  16  1-2 

Apportionment  of  forfei  ted  money  ..............................................  ..,.,.„  7  4 

Apportionment  of  license  money     ...........................  .  _____  ..\...  .........  .........  7  13 

Apportionment  of  school  funds,  county  and  state  — 

Hy  county  superintendent...  .....................................  .....  3  15 

Manner  of  .......................................  .....................  3  1& 

Share  given  each  district  ....................................  ..,..'.....  3  15 

For   new  districts  ...............................  ...,„.....,....,.,.  .............  5  n 

For  joint  districts  ................................................  „,  ......  5  u 

Apportionment  of  state  school  funds— 

By  state  superintendent  ......................  ..,  .........  «  ...................  ...  s  10 

Appropriation  — 

Text  book  commission  .....................  .  ...........  ........  ,  ............  9  J3 

Arbor  culture  ...................................  ______  .......................................  ,.  _____  3.8  i 

Arbor  day— 

Designation  of  ................................  ..............  ...............  .,,..„..  18  1 

Schools  obliged  to  observe  the  day...,  ..........  .  ........  ...............  18  2 

Manner  ......  „  .............................  .................  ..........................  18  z 

Purpose  ............................................  ,  ........  -----  ..„.  ..........  ......  is  2 

Programme  of  exercises  ..................  ..........  ...  ................  ...  18  3 

Assessors  — 

Duty  in  special  tax  levy  ..................................  v  _______  .,.>...  7  7 

Must  keep  separate  list,  and  take  separate  receipt  .............  7  8 

Must  keep  separate  account  .....................  ^  ............  .............  ?  8 

Compensation  ...................................................................  7  9 

Paid  from  special  tax  ...............  .  ........................  ....................  7  % 

Blanks  furnished  by  county  cemmisfei0r>ers  ................  ,  .....  7  10 

Assistants  ^t  institutes  ........................  «  ......................  ..„,  ......  .,,,  ..........  „  8  U 


{?ee  school  bonds.) 

IiKiependen  t  school  Dist.     (See  independent  school  Diat.) 

State,  county,  school,  municipal,  or  other  bends  validated  It  \ 
Boundaries- 

Petition  to  change  filed  with  county  superintendent  .........  5  2 

County  commissioners  hav«  power  to  change  at  regular 

meetings  ..........................................................  f»  2 

Cbangedonly  on   petition  .....  ,.  .........  .  ......  „  ........  ,.  .....  .«.  .....  ..  5  2 

Notice  of  petition  to  change   must    be   posted    in   public 

places  ...............................................  ...  .....  —  ............  5  4 

Trustees  must  be  notified  of  petitio  a  .....  —  ......  .>  ................  5  4 

•Census  Marshal- 

Shall  report  children  of  school  age  to  trustees  ....................  .....  10  2 

report  deaf  ,  dumb    and    blind  in  each  district  to  county 

superintendent  ........................  ,  ............................  17  1 

•Certificates,  County— 

First-erade  .....  ~  ......  ,  ................  ~~  ...........  .,  ..,  ...........................  3  8-9 

Second-grade  -----  ...............  ...........  .  .....  .  ................  ...  .........  «...  .  3  8-9 

Tnird-grade  ...................  ,  .........  ........................  ,»  ...............  3  8-9 

Fee  ....................................  .  .........................................  3  8-9 

Maybe  revok-ed  by  county  superintendent  forcause  ____  ......  9  lu 

Not  granted  to  persons  not  citizens  of  the  United  States...  3  17 

•Corporation  - 

Each  regularly  organized  district.....  .....  .  ............................  „.  5  1 

Name  and  style  ....................................................................  5  1 

Certificates,  state  ................  „  ..............  „  ................  ...........  2  3-i 

Examinations  held  semi-annually  .......................................  1  8 

When  granted  ............................................................  I  4 

Conditions  ............................................................................  1  4 

Life  of  .............................................................................  1  4 

May  be  revoked  by  state  board  .............................................  1  4-7 


GENERAL  SCHOOL  LAWS 

Chapter.    Sectioia 
Chairman  beard  of  trustees- 
Elected  by    board 4  2- 

bhall  sign  school  bonds  and  coupons 11  2 

Cl«rk  board  of  trustees — 

Elected  by  board  of  trustees ,, 4  2 

Compensation  paid  by  trustees 4  5 

Must  enumerate  children  of  school  age  in  his   district 4  13 

Compensation  of  enumeration.- 4  14 

Post  notice  of   election .*;...... 6  1 

Receives  school  register „ 8  1 

custodian  of  district  textbooks 9  10 

Shall  distribute  text-books  to  teachers ". 9  10 

take  receipt  for  books J~ „ 9  lO 

•'     receive  books  at  close  of  school  year „ 9  101 

sign  school  bonds  and  coupons — 11  £ 

Collector - 

Shall  return  unsold  licenses  to  county  auditor 7  12 

pay  to  county  treasurer  all  moneys  collected 7  12 

take  treasurer's  receipt 7  12 

"     file  duplicate  receipt  with  auditor. 7  12 

"     file  quarterly  report  w  ith   county  treasurer.... 7  14 

Compensation  of  teachers... „..-  8  a 

Contagious  diseases— 

To  prevent  spread   of „ ~. 19  1 

Duty  of  owners  of  houses „ ~~  19  1 

Duty  of  physicians „ 19  1-2-3 

Duty  of  trustees ^ 19  2-4 

County  auditor- 
Shall  draw  warrant  on  district  school  fund  on  presentation  of 

order 7  4 

"      countersign  warrant  on  independent  district  officers 7  4 

Unsold  licenses  returned  to 7 

draw  warrant  for  expense  of  teachers'  institutes 9  10 

County  bonds- 
Validated  ~ ~  14  1 

County  commissioners- 
Have  power  to  create  new  school  district  at  regular  meetings  5  2 

Have  power  to  change  boundaries  at  regular  meetings 5 

May  change  boundaries  only  on  petition ~ 5  2 

May  create  districts  only  on  petition „...  5  2 

Must  act  on   petition  for  new   districts,  and  change  of 

boundaries  at  regular  meeting 5  4-5 

May  modify   petition 5  4-k 

Shall  order  territory  of  lapsed  district*  attached  to  other  school 

districts ~  5  12 

"     levy  tax  for  school  purposes ~ 7 

"      furnish  assessor  blanks  for  special  tax , 7 

County  superintendent- 
Election  of ~ 3  I 

Residence 3  1 

Term  of   office „ ~ — ~  3 

Special  qualifications 3  2 

Bond 3  2 

Sureties 3  2 

Bond  approved  by  county  commissioners 3  2 

Bond  and  oath  filed  with  county   recorder ~ —  3  2 

Must  possess  valid  first-grade  certificate 3  2 

Eligibility.. ~ ~ 3  2 

Shall  visit  and  supervise  schools 

Office  at  county   seat ,  3  4 

Office  supplies  and  office,  provided  by  commissioners- 4 

"     designate  office  days -  3  4 

ketpoffice  open _ %  4 

"     direct  trustees  i egarding  repair  of  school  buildings 3 

keep  record  of  official  acts 3 

"     preserve  office  supplies ~ 3 

file  all  official  documents - 3 

••     obey  legal  instructions  of  state  superintendent -..  3 

hold  examinations,  regular  and  special 3 

"     adveitise  examinations 3 

"      grant  and  sign  certificates  to  teachers 3 

••     open  examination  questions  in  presence  of   applicants...  S 

deposit  fees  collected  for  certificates  in  county  treasury. . .  3 

May  revoke  county  cerfcincates  for  cause 3  10 

keep  record  of  all  certificates  granted  or  revoked 3  11 

"     keep  books  required  by  state  superintendent,  showing  re- 
ports of  trustees,  etc 3 

"     report  annually  to  state  superintendent 

"     appoint  tiustees  in  all  newly-organized   districts 3 

appoint  trustees  to  fill  all  vacancies 3 

"     be  allowed  expense  of  examination , 3  14 

require  county  treasurer  to    report,    quarterly,    school 

moneys  not  apportioned 

•'     apportion  school  moneys,  county  and  state 3 


OF  THE  STATE  OF  IDAHO. 


Chapter.    Section. 
Shall  certify  to  county  treasurer  amount  of  school  monev  to 

credit  of  each  district 3.  15 

"      notify  clerk  of  each  district  of  amount  of  money  to  credit 

of  district...... .- ; 3  15 

.     Peualty  for  failure  to  comply  with  requirements  of  state 

superintendent. 3  lft 

Salary.. , '. 

uotity  trustees  when  petitions  for  new  districts,  or  change 

of  boundaries  ate  filed 5  4 

Contents  of  notice * 

post  printed  notices  of  petitions ...1V.V.  5 

"      present  petitions  for  new  districts  and  change  of   bound- 
aries to  county  commissioners 5  4 

May  approve,  or  disapproYe,  petition 5  4 

apportion  money  to  new  districts 5  9 

'     apportion  .money  to  joint  districts.. "  5  n 

"     apportion  to  other  districts  money  apportioned  to  districts 

that  have  lapsed 5  jg 

"     sell  property  of  lapsed  districts ',  5 

"     notify  county  treasurer  if  trustees  fail  to  comply  with  the 

law 7  4 

keep  account  with  each  district 7  5 

'     countersign  warrants  of  district  officers "  7 

'     collect  peual  tines  due  county 7  & 

Decision  final  in  cases  of  suspension  of  pupils 8 

'     hold  annual  institute 8  7 

'     advertise  time  of  holding  institute,  or  send  written  notice 

to  teachers 8  7 

May  hold  joint  institute g  7 

'     certify  to  trustees  teachers'  attendance  at  institutes 8  9 

"     procure  institute  assistants 8  10 

'     provide  all  necessaries  for  institute  work .*."  8  10 

present  account  of  institute  expenses  to  county  auditor . .  8  10 

forward  text-book  lists  to  teachers  and  trustees 9  6 

order  text-books 9  g 

"     keep  accouuts  of  books  ordered... 9  9 

Bound  by  state  superintendent's  regulations  concerning 

text-books...      9  n 

'•     report  number  of  deaf,  dumb  and  blind  to  state  superin- 
tendent   17  i 

County  treasurer- 
Gives  receipt  therefore .-i* 7  12 

Receives  collector's  report .  7  14 

Shall  keep  account  of  text-books  ordered 9  9 

bound  by  state  superintendent's  regulations  concerning 

text-books 9  n 

1     register  school  bonds 11  2 

'     post  notice  to  redeem  bonds 11  e 

'     pay  interest  on  bonds 11  7 

"     report  quarterly  to  county  superintendent  school  money 

not  apportioned 9  15 

'     keep  separate  account  with  each  school  district... 7  4 

"     pay  money  on  warrant 7  4 

"     retain  district  money  wheu  directed  by  county  superinten- 
dent  « ..  7  4 

"     hold  school  fund  as  special  deposit 7  4 

"     pay  to  treasurer  01  independent  school  district  money 

belonging  thereto 7  4 

Receives  license  money „ 7  ia 

Course  of  study 2  i 

Days  of  school  in  a  week „ .. 8  5 

Deaf,  dumb  and  blind 10 

Census  of 17  i 

Age  limit ••**.  17  t 

Denominational  literature— forbidden  in  schools '...'.'. .".  8  4 

Diplomas,  state « . 3-4 

When  granted _ „ 4 

Conditions .. „ 4-5 

Good  during  life  of  holder „,..  f 

May  be  revoked  by  state  board 5-7 

Districts- 
Amount  of  school  money  to  which  each  is  entitled*. 3  15 

Manner  of  apportioning  money  to  each „...  a  It 

Limit  of  expenditures  for  supplies *  4  9 

Regularly  organized,  body  corporate „.  5  1 

May  sue,  and  be  sued 5  1 

Boundaries  may  be  changed  on  petition  at  quarterly  meet* 

ings  of  board  of  county  commissioners 5 

Union  of ,  when  allowed 5 

Division,  when  allowed 5 

Area  of 5 

City,  or  town,  shall  not  be  divided 5 

Dissolution  of,  when 5  IS 


GENERAL  SCHOOL  LAWS 

Chapter.    Section. 

Sale  of  property  and  disposal  of  funds  by  county  superin- 
tendent   5  12 

Disposal  of  territory  by  county  commissioners 5  12 

Account  kept  with  each  by  county  treasurer  7  4 

Account  kept  with  each  by  county  superintendent 7  5 

Faith  pledged  for  redemption  of  bonds 11  4 

fcach  a  body  corporate,  may  sue  and   be  sued It  4 

Districts,  independent— (See  independent  school  districts.) 

Distrijis,  joint- 
How  formed 5  7 

Record  of 5  8 

Census 5 

Attendance 5 

Assessment  of  property 5 

Collection  of  taxes 5  K 

Apportionment 5  It 

Districts,  new— 

When  created 5  2 

Petitions  for. 5  2-3 

Contents  of 5  3 

Boundaries  of 5  2  3 

Entitled  to  proportion  of  school  moneys 5  9 

Adjustment  oi  funds,  or  indebtedness 5  10 

Education— compulsory 10  1 

I  hildren  required  to  attend  school 10 

Exceptions 10 

>  Duties  of  parents  or  guardians 10 

^Election— special  tax - 6 

ballots 0 

Ballot  box,  separate  t> 

Who  may  vote 6 

Certification  of  levy,   rate,  date,  etc.,  of   special  tax  to 

county  commissioners,  by  trustees l> 

Limit t> 

Election  of  trustees-  time 6 

Notice •  u 

contents  of  notice 6 

Judge ti 

Clerk 6 

Returns  made  to  county  superintendent 6 

Returns  filed  in  office  ot  county  superintendent 0 

Voters,  qualified t>  a 

Election  for  issuance  of  school  bonds.    (See  school  bonds.) 

Examination,  state 

One  member  oi  the  state  ooard  shall  preside l 

Assistants  may  be  employed 

Compensation  of  assistants 1 

Examinations,  county 

Date 3 

Kegular,  must  be  held  at  the  county  seat .. 

Special,  may  be  held  elsewhere 

Advertised  by  county  superintendent 3 

Subjects 3 

Questions  furnished  county  superintendent  under  seal  — 

Questions  must  be  opened  in  presence  of  applicants 3 

fcee .' 3 

Expense  of  examination  paid  from  current  expense  fund.. 

Questions  prepared  by  state  superintendent 2 

Kules  prescribed  by  state  superintendent 2 

Fines— 

For  violation  of  school  law  paid  into  the  county  treasury ..  10 

Independent  school  districts- 
Have  special  laws  for  collection  of  taxes 

Free  schools— independent  districts 12 

Corporate  powers 12  2 

Officers 12 

Bonds— trustees  may  issue 13  1 

Purpose ~ ~ , 13  I 

Limit .™ 13  1 

Description  of 13  2 

Value  of „ 13  3 

Application  of  proceeds — 13  3 

Election  to  issue  for  buildings,  etc 13  4 

Special  tax  for  interest— sinking  fund,  redemption 13  5 

Trustees 12  2 

Terms 1«  3 

Election..... 12  4 

Time . 12  4 

Notice !.".".".. 1 12  4 

Qualified  electors 12  5 

Judges1  decision  on  tie  vote 12  5 

Vacancies 12  « 


OF  THE  STATE  OF  IDAHO. 

Clapter.    Section. 

Pecuniary  Ijt-M-est 12                  7 

'Official  oath  or  trustees „ ... 12                  8 

Organization  of  boards  of  trustees ,~ 12                 9 

Compensation  of  trustees. ~ 12                16 

Regular  meetings „ „ 12                 11 

Quorum 12                It 

General  dutkjs  ;ind  powers  of  hoard „ ™ „.  12                 12 

General  provisions  uot  contradictory  govern .„ 12                13 

Institutes- 
Held  annually  bv  county  superintendent 8 

Time  of  holding  determined  toy  county  superintendent 8 

Ten  days'  notice  given „. , 8                  7 

Lenyth  of  session „„, $                 7 

Advertised  r-y  county  superintendent 8                 7 

Teachers  to  be  notified -~ ~ - 8                  7 

Teachers  must  attend, «                 8 

Kxpense  of - „ „ 8                10 

Limit  of  expens — „ ..,  8               10 

Assistants 8                 10 

Necessaries  provided  by  county  superintendent 8                10 

Joint  institutes ~ „ 8 

Expenses  or _ „ 8                10 

Interest  on  state  school  funds 7                 2 

Xnvestmont  of  school  funds „ „ „.  '  7                11 

Lewiston  State  Normal  cchool 21 

Sale  of  bondsfcr  purchase  of  chemicals  and  chemical  and 

physical  apparatus ,., „..  22 

License  fund ~ 7            •   li 

Collection  and  payment  to   treasurer „ .'.  7                1* 

License  money — apportionment  of „ „ ,.7  13 

Month,  school 8                 ft 

Municipal  bonds,  validated „ ,„ „ „ „ „,,.  14                  1 

Notice— 

Of  petition  for  new  district „ r»                 4 

Of  ctuvnere  of  district  boundaries .., _ 5                 4 

Contents  of. , !>                  4 

Presentation  to  county  commissioners 5                 4 

Parents  or  Guardians— 

Required  to  send  children  to  school , 10                1 

Provisos 10                 1 

Fined  for  violating  the  school-law 10                 5 

Petitions— 

For  new  districts,  and  change  of  boundaries 5             2-3 

Contents  of 5                  9 

Parties  interested  notified  by  county  superintendents 5                4 

Commissioners  act  on  petitions  at  regular  meetings 5              4-5 

For  union  of  districts 5                 6 

Must  be  placed  before  trustees 5                 4 

Political  literature-forbidden  in  schools 8                4 

Prohibitions  to  teachers .,.  8 

Property  for  school  purposes 4 

(See  trustees  > 

Publishers  of  text-books— 

Must  furnish  bonds 9 

M  ust  keep  books  on  hand ft 

Must  make  bills  for  books  in  duplicate 8                 8 

Pupils- 
Disorderly  conduct  of 4                12 

Suspension  of 4                12 

May  be  suspended,  censured,  expelled 8 

Non-resident 4                15 

Reports— 

State   superintendent's 9 

County  superintendents' 3                12 

Trustees' - 4               11 

Teachers' 8             1-2 

School  bonds— 

Trustees  may  submit  issuance 11 

Election II 

Limit  of  issue 

Rate  of  interest 11 

Purpose 

Election— manner  of  holding 11          ,        2 

Ballots n                * 

Ballots  signed  by  chairman  and  clerk 

Coupons «                 2 


GENERAL  SCHOOL  LAWS 


Chapter.     Sectforu 

Coupons  signed  by  chairman  and  clerk 11  3 

Coupons  registered  by  county  treasurer 11  2 

dumber  and  amount  of  bonds  shown  in  bond  book 11  2 

To  whom  issued „ ri  2- 

Soldby  trustees 11  2' 

Notice  of  sale „ 11  3 

Contents  of  notice 11  3 

JM  ust  not  be  sold  below  par 11  3 

Bids  may  be  reiected  by  trustees 11  3 

K1  ay  be  "sold  at  private  sale  II  3 

Money  arising  paid  into  county  treasury 11  3. 

Interest H  5- 

Sinking  fund ^ !«,  .11 

Kedernption . .- Jl  6- 

Oldest  redeemed  first _, „ n  t>. 

Interest  ceases  thirty  days  after  call 11  o 

Cancelled  on  redemption 11  e 

Interest  paid  out  of  school  money 11  7 

Payment  reported  bj  county  treasurer  to  school  trustees..,.  11  7 

Validated 14  i 

School  days  in  week  school  weeks  in  mouth,  school  months  in  year  .  8  5- 

School  fund-district- 

Not  to  exceed  twenty  five  per  cent,  thereof  must  be  spent 

for  school  supplies  annually 4  9- 

Excess  invested  in  ^curities 7  11 

Receives  share  of  license  money 7  13 

State — proceeds  of  lands 7  1 

Kemaios  inviolate  and  intact,  not  transferable,  interest 
spent  to- maintain  schools,  state  treasurer  custodian, 

shall  be  invested 7  2r 

Scbool-laws-publication,  distribution 2  6> 

School  money— from  sale  of  bonds  paid  into  county  treasury 11  3: 

School  tax- 
Rate— levied    by    county    commissioners ,    assessed    and 

collected  as  other  taxes  are 7  3. 

Sectarian  literature— forbidden  in  schools 8  4 

linking  fund  -(See  school  bonds) _ 11  5- 

Special  tax  election.    (See  election -special  tax.* 
special  tax  levy- 
Duty  of  assessors — 7  7: 

Shall  become  a  lien  on  property  assessed 7  81 

Separate  account  kept  for,  separate  receipt  taken  for 7  M 

Assessor's  compensation  paid  out  of  special  tax 7  9 

State  board  of  public  instiuction— 

Members,  president,  secretary 1 

Kegular  meetings ..- — 1  2 

Shall  adopt  rules  and  regulations % 

••     bold  state  examinations a 

"     keep  record  of  proceedings 3. 

Way  revoke  state  certificates  and  state  diplomas 4-7 

M  ust  give  thirty  days  notice  to  holder  thereof 7 

May  issue  certificates  to  persons  holding  same  from  other  t> 

states ~ 6 

"     direct  education  of  deaf,  dumb  and  blind lt>  i 

State  superintendent  of  public  instruction- 
Official  qualifications,  oath  of  office  approved  by  governor,. 

bond  deposited  with  secretary  < if  state 2  i 

Office,  seal 2  21 

Shall  preserve  records 2  2 

Kecords  open  to  public _ 2  2 

Has  supervision  of  schools,   has  supervision   of   county 

superintendents 2 

"     prepare  course  of  study 2  a 

"     prepare  all  examination  questions 2.  4 

••     p?e scribe  rules  and  regulations  for  conducting  examina- 
tions   2  4 

"     confer  with  county  superintendents 2 

"     publish  and  distribute  school  laws 2 

'•     report  to  governor  biennially — .  2 

-     visit  schools 2  8 

Traveling  expenses,  office  furnished  by  state  government.  2  9 

"     apportion  state  school  fund 2  10 

•»     certify  to  each  county  treasurer  amount  appoitioned  to 

county — 2  10 

"     certify  to  each  county  superintendent  amount  apportioned 

to  county 2  10 

v«     certify  to  state  auditor  amount  apportioned  to  each  county  2  10 

•'     furnish  county  superintendents  blanks  for  annual  reports  3  12 

Member  of  text-book  commission 9  1 

"     advertise  meeting  of  text-book  commission 9  3 

"     prepare  printed  lists  of  text-books  adopted »  G 

*'     forward  tex  c-book  lists  to  county  superintendents 9  6 

*'     prepare,  print  and  distribute  text-book  regulations 9  11 


OF  THE  STATE  OF  IDAHO 


Trustees--" 

For  newly  organized  districts,  vacancies  filled  by  apooint> 

ments,  serve  until  next  election 3  13 

Election   of,    ballots   must  designate  term  of  office,  three 

members  on  board,  term  of  office 4  i 

Clerk  of  board  elected  by  members,  chairman  of "board 

elected  by  members 4  3 

Peeular  meetings,  special  meetings 4  3 

Quorum 4  4 

Shall  employ  teachers .....!.....!  4  5 

make  written  contracts  with  teachers 4  5 

May  disc  barge  teachers 4  5 

fix,  allow,  and  order  paid  teachers' salaries 4  5 

fix,  allow,  and  order  paid  clerks'  salaries 4  5 

determine  rate  of  tuition  for  non-resident  pupils 4  5-15 

Huve  charge  of  district  school  property 4  Q 

Have  power  to  purchase,  receive,  hold  and  convey  real 

property  for  school  purposes 4  7 

Forbidden  to  have  pecuniary  interest  in  contracts  made 

by  board 4  g 

"     furnish  necessary  school  supplies 4  9 

May  audit  accounts  against  district  school  fund 4  9 

Forbidden  to  draw  warrants  in  excess  of  amount  to  credit 

of  district ' 4  \Q 

1     report  annually  to  county  superintendent 4  n 

'     decide  on  punishment  of  pupils 4  12 

transmit  certified  copy  of  school  census  to  county  superin- 
tendent   4  j3 

May  sue  and  be  sued 5_l  1  i_4 

M ay  hold  and  convey  property  for  district 5  t 

May  make  contracts  for  districts 5  j 

Notified  by  county  superintendent  of  petitions  for  new 

districts  or  change  of  boundaries 5  4 

Election  of,  administer  oath  to  judge  and  clerk  of  election, 
levy  special  tax,  certify  levy  of  special  tax  to 
county  commissioners,  certify  rate  of  special  tax  to 
county  commissioners,  certify  date,  etc.  of  special 

tax  to  county  commissioners : 6  1 

Oath  filed  in  office  of  county  superintendent 6  3 

\Vhenandhowtheyqualify 6  3 

Shall  furnish  teacher  with  register  and  blank  reports 8  i 

"     credit  teachers  with  time  spent  at  institutes 8  & 

Furnished  with  lists  of  free  text-books  by  county  superin- 
tendent   9  6 

'•     determine  whether,  or  not,  text-books  shall  be  free 9  9 

Bound  by    state  superintendent's  regulations  concerning 

text-books 9  n 

1     furnish  principal  with  list  of  children  of  school  age 10  13 

demand  penalty  from  parents  for  violating  school  law 10  4 

post  requirements  and  penalties  of  compulsory  school  l»w       10  6 

"     submit  issuance  of  school  bonds  to  electors 11  1 

chairman  and  clerk  shall  sign  bonds  and  coupons 11  2 

;    "C  sell  bonds 11  2^ 

"     publish  notice  of  sale  of  bonds 11  3 

May  reject  all  bids  for  bonds,  may  sell  bonds  at  private  sale       11  3 

"      levy  tax  to  pay  interest  on  bonds II  5 

Notified  by  county  treasurer  of  payment  of  school  bonds...       11  7 

"      print  bonds 11  8 

"     pay  money  arising    from    sale    of    bonds   into    county 

treasury— neglect,  a  felony 11 

Duty  in  preventing  spread  of  contagious  diseases 19  2-4 

Trustees  independent  school  dist.     (See  independent  school  dist.) 
Teachers  — 

Qualifications,  age 8  8 

Must  be  citizens  of  the  United  States 3  17 

Employed    by    trustees,    contracts   made   with   trustees, 

salaries  fixed  by  trustees 4  5 

In  joint  districts  need  not  hold  certificates  in  both  counties         5  8 

Furnished  by  trustees  with  register  and  blank  reports 8  1 

May  suspend  pupils,  may  appeal  from  judgment  of  board 
to  county  superintendents,  general  duties  toward 

pupils , 8  2 

Must  hold  valid  certificate „.         8  3 

Not  entitled  to  compensation  without  certificate..... 6  3 

Forbidden  to  introduce  sectarian  literature  into  schools —         8  4 

Forbidden  to  introduce  political  literature  into  schools —         8  4 

Forbidden  to    introduce  denominational    literature  into 

schools 8  4 

Allowed  salaries  while  attending  institutes 8  9 

Furnished  with  lists  of  free  text-books  by  county  superin- 
tendent          9  6 

Return  text-books  to  clerk  of  board  at  close  of  term 9  10 

Bound   by  state  superintendent's  regulation   concerning 

text-books 9  11 


GENERAL  SCHOOL  LAWS 


.    Cliapter."~Se(  tion. 

Shall  not  be  discharged  without  hearing 4                 5 

"     report  disorderly  conduct  of  pupils  to  trustees 4               12 

•'     enforce  decision  of  trustees 4               12 

"     deliver  register  to  clerk  of  board 8                 1 

"     transmit  report  to  county  superintendent 8                 1 

"      report  suspensions  to  trustees 8                 2 

•'     make  reports  required  by  state  superintendent 8                 2 

"     make  reports  required  by  county  superintendent 8                 2 

'•     use  text-books  provided  by  the  state 8                 2 

"     enforce  course  of  study 8                 2 

"     enforce  rules  prescribed  by  state  superintendent 20 

44     teach  kindness 8                 2 

"     attend  institutes 8 

•'     p«rticipate  in  institute  exercises 8 

"     adjourn  school  to  attend  institutes 8                 8 

"     give  receipt  for  text-books  to  clerk  of  board 9               10 

*•     renort  to  trustees  names  of  children  attending  school 10-               3 

Text-books,  free- 
Adopted  by  board  of  text  book  commissioners 9                 2 

Branches,  price 9                 3 

Books  adopted  cerlified  by  chairman  of  V>ard,  certificate 
filed  with  state  superintendent,  certificate  of  books 
must  be  complete,  sample  copies  of  books  adopted 
filed  with  state  superintendent,  adopted  for  six  years  9  4 
List  of  books  adopted  furnished  teachers  by  county  super- 
intendents   9  6 

Kept  by  publishers 9 

Date  to  order,  ordered  through  county  superintendent 9 

Manner  of  ordering  and  making  remittance 9                 8 

State  superintendent's  regulations 9 

Text-book  commissioners — 

Appointed    by    governor,  consists   of  five  persons,    state 

superintendent  a  member,  term  of  office 9                 I 

Date  of  meeting,  meet  at  state  capitol.  adont  uniform  text- 
books, members  formulate    rules   for   government, 

three  members  a  quorum 9 

Meeting  advertised  by  state  superintendent,  adopt  books 

for  six  years,  branches 9                 8 

Chairman  certifies  to  books  adopted,   certificate  filed  with 

state  superintendent 9 

Have  power  to  make  contracts,  shall  require  publishers  to 

furnish  bonds 9                 5 

Authorized  to  prepare  circulars  of  text  book  information..  9 

Shall  distribute  circulars 

Compensation  of  members 

Appropriation 9 

Tuition  of  non  resident  pupils •. 4            5-15 

Tax  election,  special.    (See  election.) 

Tax,  school 7 

Treasurer,  state— custodian  of  state  school  funds 7 

University  of  Idaho— bonds,  improvement 20 

Voters^  qualified 6                Ss 

Year,  school....  8                5 


A 


4 


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